Main types of cross-border e-commerce platform infringement
Infringement of cross-border e-commerce platforms is mainly aimed at intellectual property rights, which mainly lie in trademark rights, copyrights, design patents and invention patents.
1) Trademark infringement
Use the trademark or logo of the other party without the official authorization of the product brand.
2) Infringement of copyright
Usually refers to the infringement of the author's copyright, which is more common in original pictures, cartoon characters and other design works.
3) Design patent infringement
A new design that is aesthetically pleasing and suitable for industrial application in terms of product shape, pattern, color or their combination, and has a similarity of more than 60% with the appearance patent, is regarded as infringement and counterfeiting. Complain about appearance patent infringement of multi-platform sellers. )
4) Invention patent infringement
If the products sold are invented by others, others apply for patent protection, and the seller produces and sells them without permission, that is, sells imitations.
In the face of infringement complaints, how should sellers respond?
1) Remove the complained products. Take the initiative to delete similar products that have been released to avoid being complained again; And withdraw money from PayPal account in time to reduce property losses.
2) Contact the complainant and ask for a solution through consultation. Find the complainant's brand website, contact email address, company page, etc. Through various channels, actively contact the complainant, sincerely apologize and explain the situation to him, actively provide compensation, and strive for the other party to withdraw the complaint.
3) entrust a lawyer to handle it. If the other party does not respond, it is suggested to entrust a lawyer with relevant case experience and provide the following materials:
The plaintiff's law firm, such as GBC/ Case /SMG/EPS, etc. ;
② Freezing platform account information: store name, owner's name, PayPal account number and its frozen amount;
3. Sales links of infringing products;
(4) the total sales volume and history of infringing products;
(5) the defendant's contact address;
⑥ Supplier information
4) Respond after weighing the pros and cons. If the settlement amount is too high and the conditions are too harsh, you can consider responding, and the court may reduce the compensation to a reasonable amount.
Note: If the defendant fails to respond after the responding period, the plaintiff will continue to submit an application for trial by default to the court, and the court will give the defendant a certain time to respond. If the defendant still fails to respond within the specified time, the court will issue a default judgment, the money in the account will be removed, and the store will be unable to operate.
Therefore, novice sellers must pay attention to whether the cover, details page and product information of the goods pose infringement risks when opening the list of goods in the store, and must also obtain the authorization of others to use the brand and technology. Otherwise, once a complaint is encountered, the loss is often huge.
5) If it is a malicious complaint, you can't stand idly by.
(1) Find out the other party's trademark patent application, prove that the product does not constitute infringement and negotiate with Amazon to restore the product to the shelves.
(2) The competitor's intellectual property rights are invalid, which forces him to withdraw the lawsuit automatically.
(3) Ask a lawyer to communicate when necessary.
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