It has been noted quite often that American and European companies seek assistance from the China lawyers for preventing the counterfeit of their product in China. Most of the time, counterfeited products and items are listed on the Chinese e-commerce websites like Tmall and Taobao as well as American e-commerce giants such as eBay and Amazon. Companies have”font-to remove the listing of their counterfeited products from the listings of the e-commerce portals in order to keep their brand image in tact. But finding the fake product is a complex task.
Tips on how to find infringing products online
- Proactively monitor the internet for counterfeits in the most popular e-commerce sites in China such as Taobao and Alibaba
- Search for your brand or product name in Chinese. Chinese consumers like to translate brand names into Chinese, either as a phonetic translation or by translating the meaning. Where possible ask a Chinese colleague or use a translation tool to search e-commerce sites in Chinese.
- Search for names which are identical or similar to your brand or product name.
- Use your product name plus your home country as key search terms.
- Search for items in the same category as your product.
In order to get rid of the listed products that are infringing the IP rights of a third party, major e-commerce sites maintain a formal internal procedure. Companies need to adhere their procedures to secure the successful removal of the infringing listings of their products from the e-commerce portals.
Before submitting a take-down request, companies need to provide large two documents to the e-commerce sites and get them verified-
- Proof of identity For companies, this includes a business incorporation certificate or certificate of incorporation. For individuals, identification documents such as a passport or national identification card are required.
- Proof of IPR ownership:Including patent registration certificate, trademark registration certificate or copyright registration certificate (please note an application receipt is insufficient).
Identification of the alleged infringer and details of the listing which you wish to have removed. It is best to include clickable hyperlinks. After verifying the authenticity of your charges, the e-commerce portals will discard the listing of the counterfeit product/products within a week or so.
The propensity of counterfeiting products is a major concern. Businesses need to come up with a comprehensive anti-counterfeiting solutions to protect their sales and brand reputation. In case your claim gets rejected, you must appoint a person on your side who has the following skills-
- The appointed person must be fluent in speaking Chinese
- Must have a thorough knowledge of the intellectual property law of China
- Experienced enough in tackling the IP issues with the particular Chinese website that is displaying your counterfeit products
- The person must be capable of convincing the top-officials of the e-commerce site how the listing of the fake product is breaching your IP
Similar to the American and European countries, China also provides ample protection to the Intellectual Property Rights (IPR) including trade marks, copyrights and patents. You need to take assistance from a subject-matter expert to navigate the complex counterfeit issues.