INTELLECTUAL PROPERTY

Transcription

1 INTELLECTUAL PROPERTY

2 Intellectual Property Overview Fake / Replica Trademark & Copyright Common misunderstanding about IP Lazada s treatment for IP Infringement Lazada s Policy and Treatment Counterfeit Process How to check product validity

3 Introduction Genuine products are product manufactured by brand owners factory which sellers commit on Lazada. Factory can be placed in your country or abroad New products Not used, not refurbished, and still packed properly. Has original status from the manufacturer Activation status, official warranty, full services. 3

4 Intellectual Property Overview Definition Intellectual property (IP) refers to creations of the mind: Literary, artistic works Symbols Names Images Designs The right of the IP owner Similar to real property, Intellectual Property owners are granted exclusive rights for a specified duration and can enforce/sue upon those rights Intellectual property (IP) includes: Copyright Trademarks Industrial Designs Domain Name Rights Patents Pissing off 4

5 What is Counterfeit? Counterfeit is an act of violating Intellectual Property i. is identical with, or substantially indistinguishable from genuine ii. likely to cause confusion, to cause mistake, to deceive or to take advantage of the established worth of the imitated product COUNTERFEIT WARNING Fake or replica Trademark infringement Copyright Knock-offs 5

6 What is Counterfeit? Trademark A trademark is a sign of capability of distinguishing the goods or services of one enterprise from those of other enterprises, including: Logos Taglines Slogans Product Images Design Names Trademark Counterfeit i. is the unauthorized use of a registered trademark; i. or use a trademark which is identical or Fake or replica confusingly similar to a registered trademark, in relation to the identical or similar products or services Trademark infringement Copyright 6

7 Fake or Replica Fake or replica Trademark infringement Copyright Seller: I mentioned product brand is Samsung-china Seller: Oops, logo is M1, not Mi from Xiaomi 7

8 Trademark Infringement Sony / Vaio never produces this product Fake or replica Trademark infringement Chanel logo: registered trademark Lamborghini used to be very cheap at Lazada Hello Kitty: registered trademark 8

9 Common Misunderstanding Common misunderstanding of Lazada sellers "I put the brand has Samsung china, I told you it is not from Samsung" In the end, customer will assume that your product is Samsung. "Only main product (the phone) is genuine, the accessories are not" "I put my shop name as product brand, so I can use any image on my product" In the end, you are not allowed to sell counterfeit products. Fake or replica Trademark infringement Using your shop name as brand doesn t mean that you can sell fake Maybelline Copyright "There is no authorized distributor in VN so I can sell fake product from China" You can request your distributor to provide certificates to prove the product's origin. "Counterfeit only count when I have orders, not when I upload product information." However, the content is already deceived the viewers of your products. 9

10 Lazada s Policy and Treatment Lazada Zero Tolerance Policy Lazada only allows merchants to sell genuine and new products Offering or selling fake products are illegal and thus forbidden (as defined in the Article 4 & 24 of the Agreement with Lazada) 10

11 Counterfeit Process Internal Process 11

12 Counterfeit Process Required Documents Required Certifications: Sellers require to provide all necessary documents during checking process, including: Certification of origin Power of attorney / Authorization of distribution Invoices which can prove origin of product - Seller s invoice must prove merchandise history with authorized distributor within 3 months before the investigation date 12

13 Counterfeit Process Required Documents Brand Registration Certificate Authorization Certificate/ Contract from Brand owner Power of attorney/ Contract with Authorized Distributor 13

14 How to Check Product Validity Check the product s origin Please request your distributor to provide certificates to prove their distribution right or the product s origin. You can check by yourself on the brand website for the list of authorized distributors. Make sure your product are genuine! 14

15 How to Check Product Validity Check the product s origin Note for brand owner: Please check your brand name or product name whether it is replicated the registered brand, trademark or product name on, for example in Indonesia, Indonesia Intellectual E-library (WIPO: ) 15

16 How to Check Product Validity Check the product s design Logo: Lacoste Logo: BMW Logo: Beats Please make sure your products don t use registered trademark (logo, product images, designed name, etc) if they don t belong to the brand. For example: the following products are IP infringement because using registered trademark. 16

17 How to Check Product Validity Check the content of your products on Lazada website Product Name Product Image Brand Product Description Please check your product information to ensure it is not violating the IP of any registered brand. Please be careful with pictures that you take from the internet! 17

18 How to Check Product Validity Check the content of your products on Lazada website Avoid including a brand name into the product name that might lead to the perception that your product is belonged to that brand For the example, the content needs to be revamped: change the brand name Apple iphone from Brand. 18

19 How to Check Product Validity Check the product before delivering to customer Counterfeit includes products that have no visible trademark on the product image on website but the delivered product includes a trademark Counterfeit includes the usage of a photo on the web content that contains the trademark of a brand. 19

20 How to Check Product Validity What should I do if I have counterfeit products? If you still have products with suspicious authenticity, or without any legal documents (especially those of well-known brands), please do following actions immediately: 1 Review all your products both in your Seller Center and Lazada website. 2 If you find any counterfeit issue in your shop, and you know that the product is counterfeit, inactivate or delete the SKU immediately. 3 In case that your inactive product is still active after 24 hours, contact Partner Support directly so that our team can help to solve that. 4 When you already received a warning letter regarding your suspected counterfeit issue, yet you believe that your product is not fake, do provide proof of authenticity to Lazada team as a clarification that your product is original. Thereafter, our legal team will check the proof and decide whether your product(s) can be reactivated or not. 20

21 Thank you