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Thursday, October 29, 2026
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Compliance

Intellectual Property Infringement

Use of a protected trademark, copyright, patent or design without authorisation, exposing the seller to platform action and civil claims.

Aliases: IP infringement, trademark infringement, copyright infringement, 知识产权侵权, 侵权

The four rights that matter in e-commerce

Trademark. Protects signs that identify commercial origin: brand names, logos, sometimes shapes and colours. Infringement arises from use in the course of trade in a way that confuses consumers, or from use of an identical sign for identical goods.

Copyright. Protects original works: product photographs, listing text, packaging artwork, instruction manuals, software. Copying a competitor's images is the most common form in marketplaces.

Patent. Protects technical inventions, including utility patents in the United States and national patents in Europe. Design patents and registered community designs protect appearance.

Design. Protects the appearance of a product. Registration varies by jurisdiction, and unregistered design rights exist in some systems for a shorter term.

How platforms act

Marketplaces run complaint-driven processes under notice-and-takedown, and some run proactive screening using image recognition and brand data. Repeated findings feed account health and can lead to selling privilege suspension. The platform process is faster than litigation and does not require a court finding.

Defences that actually work

  • Authorisation: an invoice from the brand or an authorised distributor, showing the supply chain
  • Exhaustion: genuine goods first sold in the relevant market, where the rights holder's rights are exhausted
  • Descriptive use: use of a term to describe compatibility or characteristics, without implying endorsement
  • Independent creation: for copyright, evidence that the image or text was produced in-house
  • Invalidity: the asserted right is not valid or not enforceable in that market

Each defence needs documents. Statements of intent are not evidence.

The asymmetry problem

A seller accused of infringement has to prove authorisation, while a complainant often needs only to file. That asymmetry explains why sellers keep an evidence pack per branded SKU and why brands register their rights through brand registry.

Interaction with other rules

In the EU, the Digital Services Act structures the notice process and requires statements of reasons. Product authenticity claims can also trigger customs action, where a rights holder asks authorities to detain suspected counterfeit goods.

Practical control

Before listing a branded product, confirm the supply chain in writing, photograph the product and packaging, and check the trademark register in the destination market. Before writing listing copy, check whether images and text are licensed or original.

Primary source: Lanham Act; EU Directive 2015/2436; Regulation (EU) 2017/1001.

FAQ

Can I sell a branded product I bought from a distributor?
Generally yes, where the goods are genuine and were first sold in the relevant market, under exhaustion of rights. Keep invoices that link the goods to the brand's authorised chain.
Is using a competitor's product photo infringement?
Usually yes, because the photograph is a protected work owned by whoever took it. Copying listing images is one of the most frequent copyright complaints.
What is the difference between a trademark and a patent complaint?
A trademark complaint concerns branding and consumer confusion. A patent complaint concerns how the product works or looks, and requires a comparison of claims or design features.
Does a takedown mean I infringed?
No. It is a platform decision following a notice. The question of infringement is decided by a court or resolved commercially, and listings are often restored after evidence is provided.
How does account health interact with IP complaints?
Repeated complaints, or a failure to resolve them, lower the account's standing and can restrict selling privileges. Resolving early and documenting the outcome limits the cumulative effect.
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