I believe many sellers have experienced the trouble of being marked as infringement. This is one of the most common policy compliance violations and a topic often discussed by Amazon sellers. Infringement is a red line that cannot be crossed on the Amazon platform, because Amazon is a platform that attaches great importance to intellectual property rights. If it is involved, the consequences will be disastrous. Your store, page, inventory, account balance and other assets will suffer losses. 0 1 How do I respond to a copyright infringement notification?
Check the Performance Notifications and Account Status pages to identify the type of violation There are three common types of infringement on the Amazon platform: trademark infringement, copyright infringement, and patent infringement. Sellers can check their account status page daily. If there is a violation, they can check the reason next to the violating ASIN. Determine whether the product itself is infringing or the product details page is infringing When you receive a violation warning, please check the reason and type of violation to facilitate further investigation of the infringement. Usually, the reasons for infringement include two aspects: infringement of the product itself and infringement of the product details page. 1. The product itself infringes Many sellers put products on the shelves directly without conducting copyright checks when selecting products. This practice ignores the importance of copyright and patents. Some sellers believe that as long as they make slight modifications to big brands, they can avoid the risk of infringement and believe that these uniquely designed products will not infringe on the intellectual property rights of others. However, this perception is wrong, because even minor changes may constitute infringement if they involve key parts of the original design. In addition, some sellers may not have a deep enough understanding of copyright laws, and they may not realize that even imitation or reference may infringe the legitimate rights and interests of the original creator. Therefore, sellers should be more careful when choosing goods to ensure that the products they sell do not infringe on the copyright and patent rights of others to avoid unnecessary legal risks and economic losses. At the same time, sellers can also reflect on themselves through the following questions: ① Design it yourself ● Where does the design inspiration come from? ● From which channels do you obtain the printed designs on products? ● Is intellectual property inspection carried out before the goods are produced? ● What steps are taken to check existing patents to ensure that the design does not contain patented elements? ② Purchase from suppliers ● Have you verified that the product or the content printed on the product has intellectual property protection? ● Does the supplier have the authorization to produce/sell this product? ● Are suppliers required to provide documentation to prove they are the copyright owner/licensed manufacturer/authorized distributor? ● Have the documents provided by the supplier been verified? How was the verification carried out? ● How to ensure that the product does not infringe on the authenticity of other products? 2. Product details page violations When creating a product detail page, sellers must carefully check the sources of the images and text descriptions on the page to ensure their legality and compliance. Here are a few key points that sellers need to pay attention to when handling these two parts: ① Picture section ● Before uploading pictures, sellers need to carefully check the source of the pictures to confirm whether the pictures are original works taken by themselves, downloaded from the Internet, or obtained from suppliers. ● If the image is downloaded from the Internet, the seller must ensure that the copyright issues of the image have been properly handled to avoid infringing on the copyright of others. At the same time, check whether the image contains any unauthorized trademarks or logos to prevent infringement of others' trademark rights. ● For pictures taken by themselves, sellers should also ensure that the shooting process does not infringe any third party’s copyright or trademark rights. ②Text description part ●The description on the product details page should be original content written by the seller himself and must not plagiarize or copy other people’s original content to avoid infringing on others’ copyright. ●Sellers need to check whether the text description contains trademark text, especially those protected trademarks, to ensure that there will be no infringement issues due to improper use. ●When writing text descriptions, sellers should also ensure the accuracy and authenticity of the content and avoid publishing false or misleading information. Examples of product detail page violations include, but are not limited to, using someone else's original title, detail page description, or image content, which may constitute infringement. 3. Use professional tools to check for violations Before putting products on the shelves, you should use professional tools or services to check for potential violations to ensure that the products sold comply with the laws and regulations of each sales site and Amazon's policy requirements. Different countries and regions have their own official intellectual property websites, such as patent websites, copyright websites, trademark websites, etc. Sellers are responsible for searching these official intellectual property query websites to ensure that the products they sell do not infringe on the intellectual property rights of others. Note: Sellers need to search the official intellectual property query websites of different countries on their own, including but not limited to the World Intellectual Property Organization (WIPO), the United Kingdom Intellectual Property Office (UK IPO), the European Intellectual Property Office (EU IPO), the United States Patent and Trademark Office (US PTO) or Platpat, etc., in order to conduct effective intellectual property query and verification. Through the above measures, sellers can minimize the risk of violations on product details pages, protect their legitimate rights and interests, and maintain a fair competition environment in the market. 0 2 How to file an appeal after the self-examination is completed? After completing the self-examination process, if you believe that your product or service does not infringe any intellectual property rights, or you have received an erroneous infringement notification, you can choose to file an appeal to protect your rights. Intellectual property infringement complaints are generally divided into two levels: ASIN-level complaints and account-level complaints. First, you need to clearly identify the type of intellectual property that is allegedly infringed, which may include different types of intellectual property such as copyright, trademark, patent, etc. Once you have determined the type of violation, you can then take the appropriate approach to appeal based on the specific circumstances. ASIN Level Appeals There are two main types of violations at the ASIN level: suspected intellectual property infringement and intellectual property complaints. 1. Suspected of intellectual property infringement First, if the violation displayed on the seller's account status page is suspected of trademark abuse (this violation may have different suffixes, such as suspected abuse of trademark logo, suspected abuse of trademark text, etc.), the seller needs to take the following steps to appeal: ① Log in to your Amazon Seller Central account. ② Navigate to the Account Status page and find the ASIN that shows the violation. ③Click the edit button next to the violation. ④ In the pop-up page, make necessary edits to the ASIN and remove all suspected infringing content to ensure that no further trademark abuse occurs. Secondly, for other types of suspected intellectual property violations, sellers need to adopt different appeal strategies depending on whether their ASINs have been removed from Amazon’s inventory: If your ASIN has been removed by Amazon : ①Log in to your Amazon Seller Central account. ② Navigate to the appeal page and click the "Submit Appeal" button on the right side of the page. ③ In the appeal form, first admit your violation. ④ Select the corresponding option to promise that the products you sell in the future will strictly comply with Amazon's relevant regulations and ensure that they will not infringe on any third party's intellectual property rights. If your ASIN has not been removed : ① First, conduct a thorough check and correction of your ASIN to ensure that there is no longer any potential intellectual property infringement content on the product detail page. ②Log in to your Amazon Seller Central account. ③ Navigate to the appeal page and click the "Submit Appeal" button on the right side of the page. ④After submitting the appeal, Amazon’s review team will review your corrective actions to confirm whether all infringing content has been removed from your product details page. Throughout the appeal process, sellers should provide detailed explanations and evidence to demonstrate that they have taken appropriate steps to correct the violations and are committed to complying with all relevant intellectual property laws and Amazon policies in the future. This way, Amazon's review team can have a more comprehensive understanding of the situation and make fair decisions when evaluating the appeal. If you dispute an allegation of intellectual property infringement on your product on Amazon : ① For suspected trademark abuse, you should click the "Submit Complaint" button on the right side of the complaint page, then click the "Contact Us" option on the page to submit relevant evidence to prove that you have the right to use the trademark. Such evidence may include a trademark registration certificate, authorization letter or other documents proving that you have the right to use the trademark. ② For other violations suspected of intellectual property infringement, you also need to click the "Submit Appeal" button on the right side of the appeal page, and then click the "Has your product been mistakenly discontinued?" option on the page to submit more relevant information to prove that you have the right to use the intellectual property. 2. Intellectual Property Complaints Intellectual property complaints are usually complaints of infringement initiated by rights owners. If you admit the violation , you can request a reversal by contacting the rights owner and then selecting the "Admit Violation" option to submit an appeal. Please note that once you admit the violation, the ASIN will no longer be available for sale. If you do not admit the violation , you need to submit a letter of authorization or license agreement from the manufacturer or right owner. For patent infringement, you can also provide utility patent/design patent invoices applicable to EU, UK, TRBR. Account Level Appeals When the infringement affects the entire account level, the account may be suspended within 72 hours or may already be in a suspended state. In this case, you need to take appropriate measures to appeal in order to restore normal use of your account. If you have violated the platform rules, you can appeal by following the steps below: ①Try to communicate with the complainant and ask them to withdraw the complaint; ② Prepare a detailed action plan that includes an analysis of the root causes of the problem, specific solutions, and measures to prevent similar problems from happening in the future; ③Log in to the Amazon Seller Platform, find the appeal channel and submit your action plan. If you do not admit the violation, the steps for appealing are different: ① For confirmed or potential counterfeiting, you need to submit a letter of authorization or license agreement from the manufacturer or right owner. If it is a potential counterfeit, you also need to submit a valid invoice as proof; ② For trademark infringement on the trademark or product detail page, submit an invoice or a letter of authorization or license agreement from the manufacturer/rights owner. ③ For piracy or infringement of text or images on the product details page, also submit an invoice or a letter of authorization or license agreement from the manufacturer/rights owner. ④ For patent infringement, submit a letter of authorization or license agreement from the manufacturer or right owner, or an invoice directly from the right owner. If the account has been deactivated, an additional legal statement is required. Please note that when submitting an appeal, you must ensure the authenticity and validity of all documents to increase the success rate of the appeal. At the same time, carefully read and comply with the relevant regulations and guidelines of the Amazon platform to avoid further infringement. |
>>: Amazon warehouses are overflowing and TEMU is rising. How can sellers seize this peak season?
Quintly is an analytics-only tool that connects to...
On Amazon, a picture can influence a buyer’s purc...
1. What is MWS? Amazon Marketplace Web Service (MW...
<span data-shimo-docs="[[20,"助力销售!Instagra...
Jack Erwin is an Internet men 's shoe brand fo...
It is learned that according to the "2023 Onl...
According to application analysis company Data·ai:...
It is learned that Adobe recently released the lat...
Walmart has recently launched a virtual hair colo...
Procyrion is an American catheter-implanted clinic...
It is learned that Walmart recently announced the ...
It is learned that according to the data of the Mi...
CIDB is the regulatory body in charge of the const...
Mailjet is an easy-to-use, all-in-one email platfo...
On April 14, 2023, [Win-win Cooperation, Rabbit Mu...