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If you suspect that your trademark rights are being violated on Shopee, follow this guide to address the issue effectively.
1. Manual tracking: The first step involves your active engagement in monitoring the Shopee marketplace. Identify product listings that potentially infringe on your IP rights.
2. IPR form submission: After pinpointing the infringing listings, the next step is to formally report them to Shopee. This is done by completing the IPR form, which can be found on Shopee's official website. The form requires detailed information about the infringing listings and the nature of the infringement, ensuring a clear understanding of the issue at hand.
3. Letter of authorization (if applicable): If you are representing the intellectual property owner but are not the owner yourself, you must provide a Letter of Authorization. This document confirms that you have the authority to act on behalf of the IP owner, ensuring the legitimacy of the infringement report.
4. Types of Infringement: Shopee addresses several forms of intellectual property infringement, including:
- Trademark infringement: This occurs when there is unauthorized use of a trademark, trade name, or trade dress that is identical or confusingly similar to a registered trademark, affecting the product's identity, packaging, or listing.
- Copyright infringement: Using copyrighted content without permission, such as images or descriptions, also constitutes infringement.
- Industrial design infringement: Involves unauthorized use of a registered design or one that is substantially similar to a protected design.
- Patent Infringement: Unauthorized use of a patented invention in a listed product.
It's essential to understand that "unauthorized use" means using intellectual property without the consent, license, or authorization from the IP owner.
Shopee commits to working closely with both the complainant and the alleged infringer to ensure fair resolution of the complaint. For a detailed understanding of Shopee's policies, refer to Section 8 of Shopee’s Terms of Service. It highlights the importance of ensuring that your product listings, including images and descriptions, do not infringe upon others' intellectual property rights.
Explore the Shopee Brand Intellectual Property (IP) Portal
For those looking to streamline the process of reporting IP infringements, Shopee offers the Shopee Brand IP Portal. This dedicated platform allows brand owners to submit documents and report infringements efficiently. The portal is designed to facilitate the investigation process, making it easier for brand owners to protect their intellectual property on Shopee.
Final thoughts
E-commerce platforms like Shopee offer valuable business opportunities and convenience for consumers but also present significant challenges in protecting intellectual property rights. Fraudulent sellers on these platforms list both counterfeit and genuine products without actual possession, intending to make quick profits, and disappear when confronted by buyers. To bolster the appearance of credibility and positive customer experiences, fraudulent sellers resort to posting fake reviews for their products. This trick makes their listings seem legitimate and reliable, misleading consumers into purchasing counterfeit goods. The Vietnamese government is making great efforts to control online IPR infringement. By following the steps mentioned above, brand owners can take proactive measures to protect their trademarks on the Shopee platform.
