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How to eliminate suspected intellectual property infringement on Amazon?

| 1Person Answer

一般亚马逊平台认定店铺侵权后,卖家会收到侵权邮件。政策情况下卖家收到侵权邮件后有三种处理方法。

第一种:和解

和解主要是在店铺已经被查证属于侵权的情况下,这个时候卖家可以及时与知识产权所有人联系,达成庭外和解,或者通过法院裁定赔偿金。如果联系对方无回复的情况下,建议就要多发几次邮件给对方,而且保存每一次的发送记录进行收集,如对方依旧没有回复,可以直接向平台申诉让平台进行裁决。若跟对方沟通洽谈和解赔偿金时,对方出现和解条件过于苛刻、和解金额过高,可考虑进行上诉至法院,法院可能会将赔偿金降至合理金额。

第二种:应诉

如卖家确定或查证自己没有侵权或侵权不成立的情况下。应当及时委托在美当地的律师进行侵权分析并采取应诉措施,以减少中间案件处理的周期和耽搁。

第三种:置之不理

这种情况一般新手卖家或店铺价值比较低的时候用得比较多,或被冻结资金金额也不高而选择不理会投诉、不进行和解、也不进行应诉。

大家在收到亚马逊平台的侵权邮件后,不要慌。先做好前期调查,确定侵权产品及侵权问题,并收集相关证据,了解造成账号冻结的主要原因,再去提交相关申诉材料。

Professional answer

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老杨聊跨境电商

老杨,跨境电商行业老兵,江湖闯荡近十载,经验多,朋友多,能聊出的干货多。

Generally, after the Amazon platform determines that the store has infringed, the seller will receive an infringement email. Under the policy, there are three ways for sellers to deal with the infringement email.

The first one: reconciliation

Reconciliation is mainly when the store has been verified to be infringing. At this time, the seller can contact the intellectual property owner in time to reach an out-of-court settlement or have the court rule on compensation. If there is no response after contacting the other party, it is recommended to send several emails to the other party, and save the records of each sending for collection. If the other party still does not reply, you can directly appeal to the platform for the platform to make a ruling. If the other party's settlement conditions are too harsh and the settlement amount is too high when communicating with the other party to negotiate the settlement compensation, you can consider appealing to the court, and the court may reduce the compensation to a reasonable amount.

The second one: responding

If the seller determines or verifies that he has not infringed or the infringement is not established. It should promptly entrust a local lawyer in the United States to conduct infringement analysis and take response measures to reduce the cycle and delay of intermediate case processing.

The third type: Ignore

This situation is usually more common for novice sellers or when the store value is relatively low, or the amount of frozen funds is not high, so they choose to ignore complaints, not to settle, and not to respond to lawsuits.

Don't panic after receiving infringement emails from the Amazon platform. First do a preliminary investigation, identify the infringing products and infringement issues, and collect relevant evidence to understand the main reasons for the account freeze, and then submit relevant complaint materials.

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