Amazon's selection of products on the shelves is very rigorous. In recent years, it has emphasized the importance of trademarks and patents to the products. Once it encounters an infringement, Amazon will first remove the suspected infringing products. Therefore, businesses often encounter the following situations:

Newly registered account in Amazon is frozen and blocked, prompting listing infringement?

The pictures of products sold in Amazon have been complained of infringement, but many people use the pictures, why only warn me?

What should I do if I can't restore the link even though I own the patent of this kind of product?

In 2019, there have indeed been many product infringement cases in the cross-border e-commerce industry. Major overseas brand owners and overseas law firms have further strengthened their efforts to crack down on brand infringements and safeguarded their rights. Meanwhile, major cross-border e-commerce platforms are also strengthening their control and punishment of counterfeit and infringing products.

Amazon's attitude towards counterfeit products is zero tolerance. The newly issued regulations clearly state that listing without brand registration cannot fill in the brand name at will. Once a merchant is complained, measures will be taken immediately, which shows the strength of Amazon's control to counterfeit products.

So, what should be done when cross-border e-commerce encounters patent infringement?

1. Determine whether it constitutes an infringement

When we receive infringement warning emails, we shall keep in mind three points: queries, communication, and inquiries. Don’t blindly remove all the products or tangle with the platform. If the specific reason for infringement is not mentioned in the Amazon complaint email, it is recommended to follow the requirements of Amazon Normally the general infringement warning email contains the contact information of the complainant, firstly we could contact the complainant with a copy to Amazon, requesting the complainant to inform the infringement reason and negotiate. If the complainant does not reply, then contact Amazon's official customer service to ask the reason for the removal of products or the suspension of account.

2. Check the patent status of other products on the shelves as soon as possible

While we are still confirming the cause of the infringement, we can take time to check and understand the relevant patent status of products on the shelves through patent query, and also inquiry whether any competitors have applied for the exclusive right of the product.

3. Actively resolve and respond positively to patent issues

After we have confirmed the cause of infringement through various methods, there will be two situations, and we should adopt different methods for different situations.

a. We do have a patent infringement

Through inquiries, you find that your product has indeed applied for a patent. Don’t give up. If you are the patent owner, you shall find out the specific time and sales time of the patented product, and collect evidences that take place before the complainant, such as product production records, shelf records, etc., and communicate with Amazon's official complaints. If it cannot be proved, it is suggested to first remove the product link that may be infringing, and then write an email to Amazon to appeal. If the link still cannot be restored, the listing must be deleted, and those in stock should be discarded.

b. We do not infringe or whether the infringement is controversial

When we do not infringe or we have related intellectual property rights, it is suggested to submit analysis evidences of non-infringement of our products to Amazon official via email.