How to defend your IP rights in the digital world

Consumers are aware, to a greater or lesser extent, that on the internet you have to be cautious when buying, whether through search engines, social networks or marketplaces.

Issue 122 of this magazine published in May 2020 already addressed this issue: InfoPI May 2020: Online commerce sales soar in Spain due to the coronavirus. Basic rules for detecting counterfeit products on the Internet.

Likewise, for SMEs and freelancers, e-commerce continues to grow and plays an important role for them, and for others, it is taking off the business and a way of adapting to the new times.

However, what can you do if you discover a counterfeit of your product for sale on an e-commerce Marketplace? On the other hand, what to do if someone is using your trademark on an e-commerce listing, taking advantage of your good reputation to mislead consumers?

The European Observatory on Infringements of Intellectual Property Rights (IPR) has a section on its website: the protection of intellectual property rights in e-commerce marketplaces.

This section contains tools for IPR protection in e-commerce markets. It provides information on what to do if you discover that your brand or business is being infringed in an e-commerce marketplace. To protect your company and your customers, the first step is to remove those postings.

These are the main tools:

1. A notification system: it allows owners to notify offers that could be infringing their industrial property (IP) rights. Different systems are available, such as web forms. The owner will be asked to provide information about his company, his IP rights (e.g. trademark registration number) and the publications that allegedly infringe his rights (e.g. URL).
2. IPR protection programs: these are implemented by a limited number of markets to support cooperation with IPR holders. They provide a simplified process for IPR holders to notify any publication that allegedly infringes their rights and a dashboard to track their notifications and the results. They can also provide tools to facilitate the search for publications that may infringe the rights of right holders. Registration may be required before you can use these programs, as well as detailed information about your company and your rights (e.g., trademark registration number).
3. User assistance: point of contact for assistance in using a notification system or in the process of using an IP protection program.

More information

https://www.euipo.europa.eu/es/observatory/enforcement/tools/protecting-ip-rights-e-commerce-marketplaces