How to effectively handle intellectual property disputes on AliExpress: A comprehensive guide
Intellectual property rights play a vital role in modern business activities, representing people’s legal rights to intellectual achievements and intangible property. As the AliExpress platform strengthens supervision in the field of intellectual property, merchants are facing an increasing number of complaints and disputes. New sellers, in particular, need to be more careful in their operations to prevent the emergence of intellectual property issues caused by careless actions.
Required preparations
Before launching AliExpress business, sellers need to ensure the normal operation of the store and be fully prepared.
Circumstances of publishing infringing products
The following are several situations that merchants need to pay special attention to when launching products to avoid violating intellectual property laws:
- Use of well-known brand logos: Product titles, descriptions, or store names use well-known brands or derivatives, or clearly imitate a well-known brand.
- Product image problem: The product image contains the name, derivative words, logo or similar logo of a well-known brand. Use image processing tools to block these elements.
- Imitation of iconic designs: Imitation of iconic patterns, textures or styles of well-known brands may be considered infringement.
- Lack of valid proof: If the seller’s product link is complained by the intellectual property owner or legal agency and fails to provide valid and reasonable proof, it may cause problems.
- Audio and video products and licenses: Audio and video products that do not provide an audio and video product business license issued by the government department are also potential risks.
- Software sales license: Original equipment manufacturer software that fails to provide valid sales license certificates will face complaints about related intellectual property rights.
AliExpress Intellectual Property Protection System
Alibaba has established an online intellectual property protection system that intellectual property rights holders can use to assert their rights. The specific steps are as follows:
- Log in to the intellectual property protection system and register for a free account, filling in the basic information.
- Submit relevant information in the “New Intellectual Property Rights” section, and upload proof of identity and intellectual property certification documents, including patent certificates, trademark registration certificates, copyright registration certificates, etc.
- After submission, wait for Alibaba’s verification. After passing the verification, you can find the infringing link on the “Submit a New Complaint” page and make a complaint.
How to respond to intellectual property infringement complaints
After receiving a complaint, merchants should take the following steps to respond in Alibaba’s intellectual property protection system:
- Understand the complaining party and its situation: First, you need to understand the complaining party and its intellectual property situation, and confirm whether the product being complained about is infringing.
- Handling infringement issues: If the product complained of is indeed infringing, it must be quickly cleaned up in the background, and the complaining party must be contacted for negotiation, hoping that the other party will withdraw the complaint through the system.
- Initiate a counter-notification: If you believe that infringement is not involved, you can initiate a counter-notification in the system, explain the reasons, and try to negotiate with the complaining party in order to withdraw the lawsuit.
By understanding and following the above steps, AliExpress sellers can handle intellectual property disputes more effectively, protect their legitimate rights and interests, and ensure the smooth progress of their business.