Small partners who have done cross-border e-commerce must be right “ Patent infringement ” These four words are not unfamiliar, and even some sellers may be this “ Talk of color change ” Because of this problem, for all cross-border e-commerce partners, it is like a handle hanging on the top of the “ Knife ” Generally, I do not know when it will fall down, bringing great losses to myself and causing people to panic, in fact, there is no need to be so nervous, everything has its own operation and solution, “ Patent infringement ” The same is true, so what should we do when we encounter patent infringement problems on the Amazon platform?
Next, EZEJ Technology will explain in detail to you, what should you do when you encounter patent infringement on the Amazon platform?
First of all, we need to know, what is patent infringement?
Patent infringement refers to the infringement caused by the use of someone else's patented technology for the purpose of production and operation without the permission of the patentee.
Generally, there are three types of patents :
Invention patent : New technical solution for the product, method or improvement thereof.
Utility model patent : A new technical scheme for the shape, structure or combination of the product that is suitable for practical use.
Design patent : A new design of the shape, pattern or combination of the product and the combination of color and shape or pattern, which is aesthetic and suitable for industrial applications.
Second, how should we prevent patent infringement?
As we all know, Amazon has always had a zero tolerance attitude towards infringement, if Amazon store is judged to be infringing, it may lead to a series of bad effects, including: Serious consequences such as product removal, account restriction or closure, fines, legal proceedings, Amazon banning the merchant from re-settling, etc. Therefore, in order to avoid the immeasurable consequences of infringement on the store, we must pay attention to prevention in our daily operation.
Sellers like us who do POD clothing, if they choose to design their own products and create a model of explosion, then they must pay special attention to prevent the most common design patent infringement on Amazon.
Regarding this point, EZEJ Technology has the following suggestions for you :
Independent intellectual property rights : For medium-sized and large sellers with certain design capabilities, independent research and development and active patent registration is a good way, especially for key products planning long-term development, it is recommended to apply for their own patents in advance, which can avoid the risk of infringement. It also prevents other sellers from copying your product.
Regular inspection : should be regularly inspected, pay attention to competitors' products and designs. If similar or identical designs are found, caution is required and further legal advice and action may be taken.
Formal authorization : If you want to sell patented products, it is necessary to obtain the formal patent authorization of the right holder before creating the Listing.
Sellers using the traditional inventory model must ensure the regularity of the supply channel : From the supply chain to prevent infringement. Understand the production capacity and production qualification of the manufacturer/supplier to prevent imitation and fake products. And prepare supply chain purchase invoices in case of emergency.
Finally, how should we respond to patent infringement complaints?
On the Amazon platform, the most common patent infringement complaints are design patent infringement, if you encounter, do not be too alarmed, you can probably start from the following steps to deal with.
Step 1 : Confirm the authenticity of this complaint, the first time to contact “ Account Position Specialist ” Get them to provide each other's patent number.
Step 2 : Analyze the appeal Angle, there are two commonly used appeal angles, the first and different. The prior means that if a certain appearance product begins to circulate on the market earlier than the time when the other party applies for the patent, the patent is invalid for us.
Different means that the similarity between the appearance of the product and the target patent must be at least 60% in order to be likely to involve infringement, otherwise it is not infringing.
Therefore, it is necessary to look at the two angles according to the actual situation, and choose from which to appeal the greater probability of success.
Step 3 : Send an email to the complaining party, this step is very important, even if the other party will not reply. Because Amazon values the attitude of sellers to deal with problems, they expect sellers to take the initiative to deal with problems, and it is best to reach a settlement between the two parties.
Step 4 : Issue legal documents, submit appeals, find lawyers to sort out evidence and materials, and issue non-infringement legal opinions from the selected appeal Angle, submit appeals, waiting for review.
Compared with design patent infringement, utility model patent and invention patent infringement appeals are more difficult. If met, it is generally recommended to contact the right holder, communicate to reach a compensation agreement, and let them withdraw the suit.
EZEJ technology reminds you that in fact, under the normal POD mode, there are generally no complaints of patent infringement, because most of our styles are universal versions, or self-designed versions, and the above colors and text, patterns, etc., are basically self-designed content. So POD clothing friends do not have to worry too much about this, really if encountered, according to the steps given above, step by step to solve the problem, for utility model patents and invention patents these two difficult patent infringement cases, we are basically impossible to encounter, do not worry too much.
END
The western market and the domestic market have different attitudes towards patents, in fact, the origin of a long time, although the domestic market has begun to pay attention to patents, but the domestic environment is still relatively encouraging innovation, and innovation must have a “ Imitate ” The process, so for “ Emerging ” Market, patent requirements “ Relax ” Some are necessary, but the western market is different, all patent acquisition, is to eliminate the emergence of competitors, or reduce the number of competitors, so as to protect their own interests, which may be understandable, but under this mode of thinking, there will inevitably be patent infringement complaints abuse, especially in developed countries in Europe and the United States, especially. Small partners should pay special attention to this point, do not take chances, for the obvious infringement of the elements, must avoid the use, do not due to “ Small ” Lose big, get yourself into trouble.
