Amazon Intellectual Property (IP) policy provides an overview of IP rights and common IP concerns that may arise while selling on Amazon.
Briefly about Intellectual Property policy
Intellectual property is the rights given to people for the creations of minds. IP grants the creator the exclusive right to use the creation for a specified period of time.
Amazon has presented on its website all the IP rules that apply to literally EVERY seller.
For example, if you are a seller looking to start an online business on Amazon, then you must comply with all federal, state, and local laws and Amazon policies that apply to products and listings.
You CANNOT violate the intellectual property rights of brands or other copyright holders.
Meanwhile, for violating the intellectual property policy, the seller may lose “selling privileges” or may face “other legal consequences”.
What types of intellectual property rights you may face?
If you had no time to read our latest article on intellectual property rights at Amazon in detail feel free to click on the link and study this issue thoroughly.
But let us now sum up 3 main IP types:
– Copyrights: copyright law protects original works of authorship (videos, movies, songs, books, musicals, paintings, video games, etc).
– Trademarks: trademark law prevents customer confusion about the source of goods or services.
– Patents: a patent legally protects inventions.
How does Amazon handle intellectual property infringement?
Almost any seller can get an Amazon warning on violation of IP rights policy. Do not be afraid of this, but simply get prepared and follow the process described on the Amazon website.
Amazon warns us IN ADVANCE that sellers MUST comply with the law.
“Amazon takes claims of IP infringement seriously,” the company said. “Even if a seller is infringing IP without knowledge, we will still take action and the seller’s account might receive a warning or be suspended.”
According to them, the seller “should consult an attorney for help to ensure that you have the right procedures in place to prevent IP infringement.”
How to respond to Amazon’s IP infringement alert?
If you receive an IP infringement notice or warning from Amazon and believe that the copyright holder or Amazon has made a mistake, feel free to appeal the notice.
You can appeal and challenge the decision:
If you receive an IP infringement notice in connection with the sale of a product that has never been listed on Amazon: In this case, Amazon will investigate to determine if there was an error on their part.
If you receive a warning for a product for which you have a license or other agreement that allows you to use the IP rights of this product: mention this in the appeal, attach a photo of the license or agreement. But your listing will restored only when Amazon receives a personal notification from the copyright holder.
If you receive a trademark or counterfeit infringement on the product or packaging: Go to the Account Health Dashboard and attach an invoice or your order ID that shows the authenticity of the product. Amazon will revise the warning and restore your content.
If you receive a notice of trademark or counterfeiting infringement on the product details page: Modify the product detail page to ensure it does not infringe the trademark. Submit your appeal by going to the Account Health page. OR: If you believe your listing was removed mistakenly, you can appeal by visiting your Account Health page. Provide supporting documentation (e.g. power of attorney, license agreement) and Amazon will review the warning.
If you receive a notice of patent infringement: It is necessary to indicate the specific reasons why you believe that there was a mistake. You can also provide a court order confirming that your product does not infringe copyright or that the pending patent is invalid or unenforceable.
If you receive a notice of copyright infringement: Fill out a counter-notice under the Digital Millennium Copyright Act. Counter-notice must be sent to the email address provided in the copyright notice. The letter should include:
1. Your physical or electronic signature.
2. Identification of material that has been removed or access to which has been disabled, as well as the specific location where the material appeared before it was removed or access to it was disabled. An ASIN is usually sufficient.
3. A statement with a good faith belief that the material has been removed or disabled as a result of an error or misidentification of the material.
4. Your name, address and phone number, as well as a statement that you consent to the jurisdiction of the district court your seller address is linked to.
What if you receive multiple IP infringement alerts from Amazon?
If you have received multiple warnings of intellectual property infringement but believe that you are selling non-copyright infringing products, then appeal through Seller Central and mention the list of ASINs suspected of infringing copyright.
It is also recommended to include in the appeal:
1. invoices confirming the authenticity of your goods (you may not mention information on prices); OR
2. Amazon order IDs that prove the authenticity of the product; OR
3. authorization letter from the copyright holder; OR
4. a court order found that your product does not infringe on the claimed intellectual property or that the claimed IP is invalid or unenforceable.
What if your Amazon seller account is suspended amid intellectual property infringement?
If your seller’s account has been suspended amid intellectual property rights infringement against your products or content, then you can provide Amazon with a plan of action.
The action plan should answer the following three questions:
1. What was the root cause that led to the issue?
2. What actions will you take to resolve the issue?
3. What steps will you take to prevent future issues?
Follow the guidelines below to create your action plan:
– Be clear and concise. Focus on the facts and events that lead to the issue, rather than presenting your product, business, or customer.
– Avoid emotional speech.
– Make sure you provide supporting evidence for all products or ASINs that are pending.
– Be sure to check the deadlines requested for documents, some require invoices from the last 365 days.
– Provide a more relevant answer by highlighting the most important areas in your documents, such as ASIN, vendor details (e.g. vendor name and website).
After drawing up an action plan, send it via your account dashboard or by responding to the notification you received from Amazon.
Please note: “Amazon terminates the accounts of repeat infringers in appropriate circumstances.”
Be careful in your actions, create a step-by-step guide and follow all of the above instructions.
If you have any further questions, Amaz.Markets team is always ready to help you handle your issues!
1
I am a new Seller my account was deactivated due to IP infringement, I need help. Can I get a consultant to help me work on that.
Dear Joel,
please contact our managers via an email to discuss everything in detail: support@amaz.markets