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With the vigorous development of e-commerce, many brands find that their products appear on the major e-commerce platforms without authorization, and they are even more varied, which seriously affects the brand's products and interests.
So, is a product without authorization a fake?What should I do if someone sells my products without authorization?Today, I will give you tips to teach you how to effectively deal with infringement
1. What is unauthorized sales?
Unauthorized sales refer to the unauthorized sale of products by the brand owner on the e-commerce platform. This means that the seller has not obtained permission or authorization from the brand, and may have obtained the product through illegal channels for sale.
Unauthorized sales do not necessarily equate to fakes. Counterfeit goods usually refer to counterfeit products that pass off as a brand, while unauthorized sales refer to situations where the brand does not authorize the sale. While unauthorized sales may involve the issue of counterfeit goods, not all unauthorized sales equate to fakes.
2. Does unauthorized sales constitute infringement and illegal acts?
1.Unauthorized sales are generally considered to be infringement, because the seller sells his products without the authorization of the brand owner, which infringes the brand's trademark rights, copyrights and other intellectual property rights. This kind of behavior may lead to damage to the brand image and damage the interests of the brand.
2.Unauthorized sales may also constitute an offence, depending on the laws and regulations of the country and region. In some countries and regions, unauthorized sales may violate relevant laws and regulations such as trademark law and copyright law, and sellers may face legal liabilities and penalties.
3. Effective methods for dealing with unauthorized sales
1.Strengthen supervision and cooperation: Brands can strengthen cooperation with e-commerce platforms to jointly supervise unauthorized sales. E-commerce platforms can strengthen review and monitoring mechanisms, strictly manage unauthorized sales, and provide channels for reporting and complaints, so as to facilitate brand owners to make complaints and collect evidence.
2.Partnering with price-controlling companies: Brands can work with price-controlling companies to prevent unauthorized sales. The price control company can detect unauthorized sales in a timely manner through monitoring and control, and take corresponding measures to control it.
3.Provide market intelligence: Brands can actively gather market intelligence to understand the dynamics and trends of unauthorized sales. Through the analysis of market intelligence, brands can adjust their sales strategies in a timely manner and take more effective measures to deal with unauthorized sales.
4.Establish a good image: Brands can establish a good brand image by providing high-quality products and services. Consumer recognition and trust in the brand will help reduce the occurrence of unauthorized sales, as consumers are more inclined to buy products from formal channels.
4. Precautions for handling unauthorized sales
With the continuous increase of the country's efforts to protect intellectual property rights, e-commerce platforms are also paying more and more attention to the protection of intellectual property rights in order to maintain a good platform environment. If there is evidence to prove that the other party has not obtained authorization, the platform will generally deal with it strictly. However, brands must pay attention to their skills when complaining.
For example, if we complain that the other party is unauthorized, we cannot simply prove that the other party's ** is lower than the market price. Because e-commerce platforms like ** are generally not judged to be infringing.
Secondly, if we are the brand owner, our patent rights are still being processed, and the platform will not support us in complaining about infringement.
Finally, if the other party sells our products without authorization, but he only uses the product or ** text description, such a situation is not an infringement in the eyes of the platform.
In short, brands need to take measures to control prices online according to their actual situation, so as to effectively protect their interests and brand image.
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