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.