Intellectual property (IP) infringement is damaging for any business, and can be a particular problem for those that sell products online through platforms like Alibaba.
Chances are that if you have a business and your business has a website, you count as one of thousands of growing digital companies that export their IP to the world. This also exposes you to risks that you are probably unaware of. IP and copyright in particular, are complex areas of law. Alas, copyright infringement and counterfeits take a stronghold where others seek to exploit your commercial endeavours at your expense. One prime suspect is China, where e-commerce piracy is still very prevalent.
It only takes a moment to understand why it is important to police your brand against intellectual property infringement when you analyse the number of sales made on Chinese e-commerce platforms, such as Alibaba. According to an article on fortune.com, last year, Alibaba represented 86% of China’s online mobile shopping, with 367 million active users, which, on the average, each active buyer purchases 58 packages a year. It has over 10 million active sellers, which dwarves Amazon’s 2 million. In short, it is a marketplace like no other.
It is unfortunate and nonetheless very common, that brands suffer at the behest of counterfeit sellers in this megalith-type online marketplace where copying and counterfeit trading is rife.
How To Put An End To It
Despite the growing complaints against Alibaba, counterfeit and copyright infringement is still a big problem. Those who have filed a lawsuit against Alibaba Group Holding earlier in May include Kering SA who own Gucci and Yves Saint Laurent amongst others.
In order to stop Alibaba from selling your (fake) products, they need to be alerted that there is a seller who is selling unauthorized copies or fake versions of your product. To do this, you have to follow a procedure which deals with IP complaints on the Alibaba platform. This involves proving the ownership of your IP rights through a specially developed ‘AliProtect’ platform.
Through ‘AliProtect’, users are able to identify the infringer and demand that the infringement be brought to an end by removing the fake listing. It is not as easy as it sounds. Also, as a listing is removed, another appears. Further, proving ownership might be problematic. For example, in the UK you do not need to register copyright, whereas in the USA or China it is usual to do so. Consequently, playing a game of online “whack-a-mole” can be distracting and also disruptive to your business. If you ignore it, you risk putting your brand’s hard earned reputation, and takings, on the line.
Get Help With Intellectual Property Infringement
It’s difficult to make a complaint about intellectual property infringement when you are not sure how copyright or trademark ownership issues are decided on these platforms. It can be a time consuming exercise which will divert your attention and energy from what you ought to be doing.
Involving IP lawyers who understand counterfeits, and intellectual property infringement can save you time, energy and money in the long run by diverting sales back to authorized distributors and sellers.
Azrights has assisted clients with such problems. Identifying intellectual property, and advising on strategic, cost effective protection is an important component of such advice. Issuing take down notices to infringing parties, is essential, as is policing your brand in order to maintain its commercial allure. Get in touch to find out how we might be able to help you fight unauthorized sellers distributing fake copies of your products .