亚马逊侵权的后果会很严重吗?相信大部分卖家都有收到过来自亚马逊的关于侵权的小红旗,情况轻微的,Listing被移除,严重的,店铺被封。
理论上来讲,在平台上出售这些产品需要亚马逊和卖家共同承担责任。但考虑到平台的商业模式,最近法院规定亚马逊无需为此担责。这就意味着,卖家需独立承担侵权后果。
那么亚马逊侵权后要怎么处理呢?
目前各大平台侵权后主要遇到两种情况:平台投诉和法院起诉。
一方面,若是被平台投诉,建议如下:
1. 通过平台通知获取侵权产品信息和投诉方具体的商标专利权或版权,分析产品是否真的侵权;
2. 若经专业代理人或律师分析,不构成侵权,可以进行申诉或者请律师介入处理;若确实侵权了,应迅速下架侵权产品;
3. 若店铺被暂停销售权,一样可以根据平台规则进行申诉来恢复;即使申诉不成功,还可以联系权利人和解撤回投诉或者聘请律师介入代理和解谈判。
另一方面,若是被法院起诉,下发了TRO冻结了账户资金,则建议如下:
1. 通过平台通知and/or律师邮件获取侵权产品和案件信息;
2. 将平台通知or律师邮件发律师评估(是否真实侵权、是否存在不侵权抗辩是由、案件进程、原告律师情况、和解金标准等);
3. 选择和解、应诉 or 放弃(综合店铺运营情况、店铺冻结资金、和解或应诉成本、与其他正常店铺的关联可能性等做出选择)
Will the consequences of infringement on Amazon be serious? I believe that most sellers have received small red flags from Amazon regarding infringement. In minor cases, the listing is removed, and in serious cases, the store is blocked.
In theory, Amazon and the sellers need to bear joint responsibility for selling these products on the platform. However, considering the platform's business model, the court recently ruled that Amazon does not need to be held responsible for this. This means that sellers need to bear the consequences of infringement independently.
So how to deal with Amazon's infringement?
Currently, there are two main situations after infringement on major platforms: platform complaints and court lawsuits.
On the one hand, if you are complained by the platform, the following suggestions are made:
1. Obtain information about infringing products and the specific trademark, patent or copyright of the complaining party through platform notification, and analyze whether the product is really infringing;
2. If it is not an infringement after analysis by a professional agent or lawyer, you can file a complaint or ask a lawyer to intervene; if it is indeed an infringement, the infringing product should be removed from the shelves quickly;
3. If the store’s sales rights are suspended, you can still file an appeal according to the platform rules to restore it; even if the appeal is unsuccessful, you can contact the right holder to withdraw the complaint or hire a lawyer to intervene in the agency settlement negotiations.
On the other hand, if the court sues you and issues a TRO that freezes your account funds, the following recommendations apply:
1. Obtain information about infringing products and cases through platform notifications and/or lawyer emails;
2. Send the platform notification or lawyer email to a lawyer for evaluation (whether there is real infringement, whether there is a non-infringement defense, case progress, plaintiff's lawyer situation, settlement fund standards, etc.);
3. Choose to settle, respond to the lawsuit, or give up (make a choice based on the store's operating conditions, frozen store funds, settlement or response costs, and the possibility of association with other normal stores, etc.)