New Seller Incentives: Over $50,000 in Referral Fee Savings per MarketplaceNew Seller Incentives: Over $50,000 in Referral Fee Savings per Marketplace
Intellectual property basics sellers should know
Your exploits have been copied by another seller, but your complaint to Amazon was unsuccessful?
You clearly have not infringed, but after being maliciously complained, your appeal was not successful?
This is probably because you are confusing the concepts of patent, trademark, and copyright, and the complaint/claim is not “written in the idea.”
Patents, trademarks, and copyrights are all “intellectual property rights”. In addition to patents, trademarks, and copyrights, “intellectual property” also includes trade secrets, domain names, geographical indications, etc., but Amazon sellers are most often involved with patents, trademarks, and copyrights.
Next, let's talk about the differences between patents, trademarks, and copyrights.
You clearly have not infringed, but after being maliciously complained, your appeal was not successful?
This is probably because you are confusing the concepts of patent, trademark, and copyright, and the complaint/claim is not “written in the idea.”
Patents, trademarks, and copyrights are all “intellectual property rights”. In addition to patents, trademarks, and copyrights, “intellectual property” also includes trade secrets, domain names, geographical indications, etc., but Amazon sellers are most often involved with patents, trademarks, and copyrights.
Next, let's talk about the differences between patents, trademarks, and copyrights.
1. What is the difference between patents, trademarks, and copyrights?
1. Patents:
Different countries protect different types of patents, which may include: invention patents, utility model patents, and design patents. For Amazon sellers, invention patents and design patents are more common.
invention patent
What protects is the technical solution behind the product.
For example, a portable juicer. If you make new technical improvements to the motor structure, battery life, leak-proof design, or production methods, you can consider protecting this type of innovation with an invention patent.
Utility model patent
Not all countries can apply for utility model patents; for example, the US cannot. A utility model can be used to protect the invention of a product (not a method). Compared with invention patents, utility model patents have a low licensing threshold (many countries have no substantive examination), fast licensing, short protection period, and low cost, but their stability is relatively weak (they are more likely to be invalidated).
Design patent
What protects the unique shape or surface decoration of the product.
For example, it's also a portable juicer cup. If your cup shape or part of the cup design is beautiful and special, you can consider using a design patent for this appearance. But if this design is determined by the functionality of the product, it cannot be used
Design patent protection, but invention patents may be used for protection.
Assuming you have applied for a design patent for the shape of this portable juicer in the US, and other sellers sell copied portable juicer cups on Amazon US without your permission, then this infringes on your design patent rights.
Different countries protect different types of patents, which may include: invention patents, utility model patents, and design patents. For Amazon sellers, invention patents and design patents are more common.
invention patent
What protects is the technical solution behind the product.
For example, a portable juicer. If you make new technical improvements to the motor structure, battery life, leak-proof design, or production methods, you can consider protecting this type of innovation with an invention patent.
Utility model patent
Not all countries can apply for utility model patents; for example, the US cannot. A utility model can be used to protect the invention of a product (not a method). Compared with invention patents, utility model patents have a low licensing threshold (many countries have no substantive examination), fast licensing, short protection period, and low cost, but their stability is relatively weak (they are more likely to be invalidated).
Design patent
What protects the unique shape or surface decoration of the product.
For example, it's also a portable juicer cup. If your cup shape or part of the cup design is beautiful and special, you can consider using a design patent for this appearance. But if this design is determined by the functionality of the product, it cannot be used
Design patent protection, but invention patents may be used for protection.
Assuming you have applied for a design patent for the shape of this portable juicer in the US, and other sellers sell copied portable juicer cups on Amazon US without your permission, then this infringes on your design patent rights.
2. Trademarks:
Trademarks protect your brand's identification function.
When consumers see a logo on the product, they know that this product is made by your company and not by another company. In other words, the purpose of a trademark is to identify which company this product originated from.
For example, your brand's English name, Chinese name, logo graphics, and store name may all fall within the scope of trademark protection.
Assuming that you have registered a trademark on the “juicer cup” product in the US, then if someone else prints your registered trademark on the juicer cup they made themselves and sells it in the US without your permission, it is selling a fake product, which infringes on your trademark rights. Or, if someone else uses a trademark similar to yours on similar products, causing consumer confusion, it may also infringe on your trademark rights.
Trademarks protect your brand's identification function.
When consumers see a logo on the product, they know that this product is made by your company and not by another company. In other words, the purpose of a trademark is to identify which company this product originated from.
For example, your brand's English name, Chinese name, logo graphics, and store name may all fall within the scope of trademark protection.
Assuming that you have registered a trademark on the “juicer cup” product in the US, then if someone else prints your registered trademark on the juicer cup they made themselves and sells it in the US without your permission, it is selling a fake product, which infringes on your trademark rights. Or, if someone else uses a trademark similar to yours on similar products, causing consumer confusion, it may also infringe on your trademark rights.
3. Copyright: Protect “the content you create”
Copyright is also called “copyright.” Copyright protects original expression. Copyright does not protect a creative idea itself; copyright protects the result of you express that idea and then fixate it on a certain medium.
For example, the following items you create to sell a portable juicer may be protected by copyright:
• Product photos
• Patterns on the product or product packaging
• Brand logo graphics
• Product introduction copy and brand story copy for detail pages
• Graphics in the product manual
• Promotional posters
• Product promotion videos, scripts, and music
Therefore, if any other seller steals your product main image on his listing without your permission, then it is infringing on your copyright.
Copyright is also called “copyright.” Copyright protects original expression. Copyright does not protect a creative idea itself; copyright protects the result of you express that idea and then fixate it on a certain medium.
For example, the following items you create to sell a portable juicer may be protected by copyright:
• Product photos
• Patterns on the product or product packaging
• Brand logo graphics
• Product introduction copy and brand story copy for detail pages
• Graphics in the product manual
• Promotional posters
• Product promotion videos, scripts, and music
Therefore, if any other seller steals your product main image on his listing without your permission, then it is infringing on your copyright.
2. How to protect your products from multiple dimensions?
It can be seen that sellers can protect their competitive advantage from multiple dimensions through various intellectual property rights, such as using invention patents to protect technical solutions, using design patents to protect the appearance of products, using trademarks to prevent brands from being counterfeited, and using copyrights to protect copyrights and images from being stolen.
The scope of protection of several types of intellectual property rights may also intersect. For example, some brand logos may enjoy trademark protection as well as copyright protection.
Each type of intellectual property has advantages and disadvantages, and the optimal rights protection strategy should be selected according to the specific situation. This could be due to:
• Duration of validity: The validity period of invention patents, design patents, trademarks, and copyrights varies from country to country. For example, an invention patent may be valid for 20 years from the filing date, a design patent may be valid for 15 years from the date of authorization, and a copyright may be valid for 70 years after the author's death. However, if renewed all the time, the trademark may be valid forever.
• Authorization requirements: Common thresholds for the protection of various types of intellectual property rights are: invention patents require novelty and creativity, design patents require novelty and decoration, trademark requirements are remarkable, and copyright requires originality.
• Conditions for obtaining rights: Patents and trademarks generally require an application to the local intellectual property office to obtain rights. Copyright, on the other hand, is automatically generated when the work is created. You may enjoy copyright even if you have not applied for copyright registration.
• Territorial nature: Generally speaking, the scope of protection of patents and trademarks is limited to the country or region where they are registered, and the scope of copyright protection may be extended to foreign countries in accordance with international treaties. For example, if you create the main image of a product in China, even if you have not registered the copyright in the US, then if certain conditions are met, you can also submit a complaint to Amazon based on copyright infringement and ask other sellers to stop stealing the image. If you have registered a trademark or patent in China, it does not mean that you also automatically have trademark and patent protection in the US. If you are ready to enter the US market, then you should consider the US trademark and patent layout as soon as possible.
The scope of protection of several types of intellectual property rights may also intersect. For example, some brand logos may enjoy trademark protection as well as copyright protection.
Each type of intellectual property has advantages and disadvantages, and the optimal rights protection strategy should be selected according to the specific situation. This could be due to:
• Duration of validity: The validity period of invention patents, design patents, trademarks, and copyrights varies from country to country. For example, an invention patent may be valid for 20 years from the filing date, a design patent may be valid for 15 years from the date of authorization, and a copyright may be valid for 70 years after the author's death. However, if renewed all the time, the trademark may be valid forever.
• Authorization requirements: Common thresholds for the protection of various types of intellectual property rights are: invention patents require novelty and creativity, design patents require novelty and decoration, trademark requirements are remarkable, and copyright requires originality.
• Conditions for obtaining rights: Patents and trademarks generally require an application to the local intellectual property office to obtain rights. Copyright, on the other hand, is automatically generated when the work is created. You may enjoy copyright even if you have not applied for copyright registration.
• Territorial nature: Generally speaking, the scope of protection of patents and trademarks is limited to the country or region where they are registered, and the scope of copyright protection may be extended to foreign countries in accordance with international treaties. For example, if you create the main image of a product in China, even if you have not registered the copyright in the US, then if certain conditions are met, you can also submit a complaint to Amazon based on copyright infringement and ask other sellers to stop stealing the image. If you have registered a trademark or patent in China, it does not mean that you also automatically have trademark and patent protection in the US. If you are ready to enter the US market, then you should consider the US trademark and patent layout as soon as possible.
It's best to start planning the intellectual property layout before the product is on the market. Because once it's too late, there are a few things that can happen:
• Failure to apply for a patent in a timely manner, loss of novelty, and loss of opportunity to obtain a patent
• The brand is being squandered by others,
• Being countersued by a competitor
• When I wanted to defend my rights, I found that I had no foundation of rights in my local country
Therefore, intellectual property protection must come first; we must not wait for something to happen before making up the course. For cross-border sellers, intellectual property is not only a “rights protection tool”, but also a risk management tool and a commercial competition tool.
• Failure to apply for a patent in a timely manner, loss of novelty, and loss of opportunity to obtain a patent
• The brand is being squandered by others,
• Being countersued by a competitor
• When I wanted to defend my rights, I found that I had no foundation of rights in my local country
Therefore, intellectual property protection must come first; we must not wait for something to happen before making up the course. For cross-border sellers, intellectual property is not only a “rights protection tool”, but also a risk management tool and a commercial competition tool.
The above content only represents the creators' personal opinions. The data is for reference only, and does not represent the official views of Amazon Global Store.
Getting Started: New Seller Guide
Global business opportunities
