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Tools to Protect Intellectual Property on Amazon

What Is Meant by Intellectual Property in a Marketplace Business?

Broadly speaking, IP falls into several categories: patent, copyright and TM (trademarks). Let’s analyze what and when we come into contact:

– we issue a patent for a product design (industrial design) or a utility model;

– forming the text on the listing, product packaging or user manual, we take care of copyright;

– when choosing a name, slogan and logo for our own trademark or store, we are faced with TM.

Thus, we see that on the marketplace, the seller can come into contact with all types of intellectual property. And given the fact that the platform does not monitor IP rights infringement, it sets compliance requirements for the sellers themselves. Therefore, most often, TM owners act in several positions at the same time – they fight against infringement of their own rights and are found as infringers of the rights of their colleagues in the marketplace.

How to Protect Intellectual Property on Amazon?

First of all, you need to understand that, in order to protect any right, you need to secure it for yourself. Therefore, in order to avoid copying your Private Label, TM must be registered.

The main tool in this matter is the Brand Registry system. On this page you can get assistance in registering your brand and free consultation on the Amazon Brand Registry. Participation in the program gives you the opportunity to quickly and better combat infringements, protect your brand and receive effective help from the marketplace if your copyright is infringed.

Amazon Transparency service also helps protect against counterfeiting. Special tags in the form of QR codes, placed on the product, allow you to confirm its authenticity. In the absence of codes, the marketplace will immediately check the source of origin of the goods and can destroy the counterfeit batch.

The new patent appraisal software has enabled effective resolution of patent disputes. This applies specifically to the utility patent. In the context of the service, persons authorized to act on behalf of someone are involved, who must settle the dispute through arbitration. Thus, the owner of the patent is suing the sellers who are infringing the copyright. A patent specialist is involved as an arbitrator. Its task is to make a decision on infringement of rights.

If intellectual property rights have been infringed, you can also contact the seller directly and try to negotiate. In some cases, this gives a result. If it is not possible to reach an agreement, you should use a special form for lodging a complaint. You do not need to be a member of the Brand Registry to use this feature. However, the grounds for the complaint must be substantial.

If you have any questions, please contact our qualified lawyers for help.