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What should I do if Amazon’s customized products are accused of infringement?

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亚马逊卖家需维护四类知识产权:版权(Copyright)、商标权(Trademark)、发明专利权(Utility Patent)和设计专利权(Design Patent)。及时上述,采取以下措施。

可以采取的应对措施有:

1、当亚马逊通知卖家存在侵权行为后,卖家要积极应对。

2、浏览内容指南和防伪政策。

3、找出侵犯知识产品法和亚马逊政策的产品或相关listing信息。

4、联系知识产权所有人,直接与他们对话,通常情况下他们比律师更易交流。如果找不到知识产权所有人,就联系亚马逊在暂停账号通知邮件里提到的法定代理人。

5、提供供应商名单,及与其合同条款。

6、请求知识产权所有人或代理人撤销投诉。

7、如果知识产权所有人或其代理人没有回复,那就联系律师帮忙。

8、如果卖家能够承担得起账号被停的成本,可以等到与产权所有人把事情解决后再写具体改善计划(POA)。

9、写一份行动计划,包括产权所有人同意撤销投诉。

10、如果投诉未撤销,那就给亚马逊提交一份详细的步骤清单,表明卖家和自己的律师采取哪些措施规避未来侵权行为,或证明投诉的不合理性。

11、检查质量管理措施,对员工进行培训,让他们识别易侵权产品和listing类型。

12、下架或清理导致亚马逊账号被停的所有库存产品以及禁止在平台销售的产品。

Professional answer

C

电商老兵

我们唯一且一辈子要做的事,就是告诉你电商这点事

Amazon sellers need to maintain four types of intellectual property rights: copyright, trademark, utility patent and design patent. Take the following measures in a timely manner.

The countermeasures that can be taken are:

1. When Amazon notifies the seller of infringement, the seller should actively respond.

2. Review the content guidelines and anti-counterfeiting policy.

3. Find products or related listing information that infringe intellectual property laws and Amazon policies.

4. Contact the intellectual property owner and talk to them directly. Usually they are easier to communicate with than lawyers. If you can’t find the intellectual property owner, contact the legal representative mentioned in the Amazon suspension notification email.

5. Provide a list of suppliers and the terms of the contract with them.

6. Request the intellectual property owner or agent to withdraw the complaint.

7. If the intellectual property owner or his agent does not respond, contact a lawyer for help.

8. If the seller can afford the cost of having their account suspended, they can wait until they have resolved the matter with the property owner before writing a specific improvement plan (POA).

9. Write an action plan, including the property owner's agreement to withdraw the complaint.

10. If the complaint is not withdrawn, submit a detailed list of steps to Amazon, indicating what measures the seller and their lawyers have taken to avoid future infringement or prove the unreasonableness of the complaint.

11. Review quality management measures and train employees to identify products and listing types that are prone to infringement.

12. Remove or clean up all inventory products that caused the Amazon account to be suspended and products that are prohibited from being sold on the platform.

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