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PULPOU BLOG
How to Report Counterfeit Products on Amazon, Mercado Libre, eBay, and Alibaba
How you can protect your product if you are an intellectual property rights holder and how to proceed with a report in each case.
Mercado Libre
On Mercado Libre, they invite anyone who is the holder or representative of an intellectual property right to protect it by joining the Brand Protection Program. This way, they claim, you can report listings on Mercado Libre to have them removed and ensure that all products offered on the site are legitimate. Infringing listings will be removed, and repeat sellers will be penalized. "With each listing you report, we improve our automatic detections so that you have less and less to report," the company states.
Among the advantages of joining this program are the ability to manage reports in one place, report listings individually or in bulk, create custom reports, and search simultaneously on all Mercado Libre sites in different countries, among others.
Mercado Libre explicitly clarifies that they do not allow the sale of unauthorized copies, counterfeits, or replicas that violate intellectual property rights; the sale of unauthorized copies of software, video games, discs, movies, TV shows, photographs; the use of logos or trademarks on products not officially made by the intellectual property rights holder; nor the sale of documentation that certifies the originality of a product.
For more information, visit the following links related to Enforcement, Copyright Holder Assistance, and the section on Replicas and Counterfeits:
Amazon
On their platform, like Mercado Libre, they highlight the option to register your brand in the Amazon Brand Registry, which gives you access to tools including registered text and image search, predictive automation based on reports of alleged intellectual property rights infringements, and greater authority over product listings under the brand name.
"The Amazon Infringement Reporting Form is designed to be used by intellectual property rights holders and their agents to notify Amazon of alleged intellectual property rights infringements, such as copyright and trademark. If you are not the rights holder, Amazon cannot process notifications submitted through this form. In this case, you should use the following forms," they clarify.
Sellers can use this form to report inappropriate products, policy violations, complaints about other sellers, etc. They should select "report an infringement" under the "What is the issue about?" section.
They also specify that, generally, they do not process notifications related to:
- Alleged barcode, EAN, or UPC infringement: Barcodes, EANs, and UPCs are used to store product information such as prices and inventory levels. These codes do not entail intellectual or industrial property protection.
- Detail page ownership and Image Restrictions: When a detail page is created, it becomes a permanent catalog page on Amazon.es, which will remain even if the creator's inventory runs out. Additionally, when you add your intellectual or industrial property-protected image to a detail page, you grant Amazon and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable right over all advertising and promotional rights over the material.
"Other sellers may offer their items for sale on the pages where you have created or added your intellectual or industrial property-protected image. However, we require sellers to only offer on detail pages where their items exactly match," they state.
They also clarify that Amazon cannot provide legal advice. If you have questions or concerns regarding your rights, you should seek specialized legal advice.
More information here: Amazon Infringement Reporting
eBay
eBay has the Verified Rights Owner (VeRO) program, which allows intellectual property rights owners and their authorized representatives to report eBay listings that may infringe those rights. "VeRO embodies our commitment to providing a safe place to buy and sell, respecting the rights of owners," they state.
Reportable listings include items that infringe on your intellectual property, counterfeit or replica items, or unauthorized use of copyrighted content in a listing or product page.
If an item or listing infringes your intellectual property rights, you can report the listing by submitting a Notice of Claimed Infringement (NOCI). Once your report has been processed, you will be provided with information on how to submit additional reports, if necessary, through the VeRO reporting tool. The NOCI can be sent to eBay via email (vero@ebay.com) or fax (801) 757-9521.
Additionally, eBay allows reporting of alleged copyright infringements through a Digital Millennium Copyright Act (DMCA) notice sent to eBay's designated agent (contact information below) by providing the following information:
- A physical or electronic signature of the person authorized to act on behalf of the copyright owner whose rights are allegedly infringed.
- Identification or description of the copyrighted work that you claim has been infringed.
- Identification or description of where the material you claim is infringing is located on the eBay site, with sufficient detail to allow us to locate it on the website.
- Your address, telephone number, and email address.
- A statement by you that you believe in good faith that the use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
- More information here: Verified Rights Owner Program
Alibaba
On Alibaba.com, they commit to protecting intellectual property and do not allow any unauthorized publication, sale, or offer of products that may infringe intellectual property rights elsewhere. Types of violations they penalize include:
- Trademark infringement: A) Severe violation: Unauthorized use of a trademark on a product and/or its packaging and/or other use as a trademark that is identical or very similar to the registered trademark. B) General infringement: Other circumstances of trademark infringement.
- Copyright infringement: Copying, selling, or offering for sale any product that uses copyrighted materials without authorization, such as text, images, videos, music, software, will constitute copyright infringement.
- Patent infringement: A) Severe violation: Infringements of design, utility model, and invention patent rights, determined on a case-by-case basis. B) General infringement: Other circumstances of patent infringement.
In a statement released at the beginning of 2020, the Chinese e-commerce giant announced that it had intensified its fight against counterfeiting and the protection of intellectual property rights in recent years. To date, the company has developed more than 10 anti-counterfeiting technologies, such as sampling and counterfeit product detection models, as well as a product information database.
In 2017, Alibaba established the Anti-Counterfeiting Alliance with 30 brands. By the end of 2019, a total of 170 brands from 17 countries and regions had joined the alliance.
Additionally, according to the report, last year the police arrested 4,125 suspects involved in counterfeiting-related crimes, thanks to the company's assistance. In 2018, the number of suspects was 1,953.
For more information, visit the following link: Alibaba Intellectual Property Protection Policy
The most direct way to contact Alibaba is through the Online Service: Alibaba Online Service
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