Intellectual Property (IP)

Transcription

1 Intellectual Property (IP)

2 Intellectual Property Overview Definition Intellectual property (IP) refers to creations of the mind: Literary, artistic works Symbols Names Images Designs Intellectual Property includes Copyright Trademarks Industrial Designs Domain Name Rights Patents Pissing off The right of Intellectual Property owner Similar to real property, Intellectual Property owners are granted exclusive rights for a specified duration and can enforce/ sue upon those rights. 2

3 What is counterfeit? Counterfeit = violate Intellectual Property (i) is identical with, or substantially indistinguishable from genuine (ii) likely to cause confusion, to cause mistake, to deceive or to take advantage of the established worth of the imitated product Counterfeit goods may also be termed "fakes," "knock-offs," or "replicas. Counterfeit risk profile at Lazada Fake / replica Trademark infringement Copyright Prohibited goods Pissing off Distribution right 3

4 Fake/ Replica Lazada Story 1 2 Seller: I mentioned product brand is Samsungchina, why you check it fake or not? Seller: Oops, Logo is M 1, not Mi from Xiaomi, guy 3 Genuine Lazada Customer received from Lazada is different genuine product 4

5 Fake/ Replica Lazada Story 4 Fake product customer received Fake website: mymi-co.kr Genuine has the same appearance Genius website: mymi.co.kr 5

6 Trademark Trademark A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises, including: Logos Taglines Slogans Product Images Design Names Trademark Counterfeit (i) is the unauthorized use of a registered trademark; (ii) or use a trademark which is identical or confusingly similar to a registered trademark, in relation to the identical or similar products or services. 6

7 Trademark Infringement Lazada Story 1 2 Channel Logo - registered trademark Sony / Vaio never produce this product 3 Lamborghini used to be cheap at Lazada 4 7 Name Hello Kitty is registered trademark

8 Trademark Infringement Lazada Story 5 A businessman who sold 100,000 worth of counterfeit goods, including prestige car accessories, has been jailed for 12 months. They included 6,000 metal badges, 24,000 iron-on logos, as well as key rings, T-shirts, caps, cuff links and wallets worth about 209,000, based on the cut-prices he was charging, due to not having paid royalties for using the internationally-renowned brand names. He had more than one million items listed as available for purchase on ebay Read more: html#ixzz42dfzvs00 8

9 Copyright Copyright Copyright is a legal term used to describe the rights that creators have over their literary and artistic works and distribution product. Books / articles Video / TVC Music Image / Photo Copyright Counterfeit is the unauthorized use of copyrighted material in a manner that violates one of the copyright owner s exclusive rights, such as the right to reproduce or perform the copyrighted works. Be careful with images from internet, it might protect by copyright 9

10 Distribution Right Distribution Right Distribution right includes the right for wholesale, retail, authorized agent etc. obliged by Viet Nam Law Distribution right can be provided by copyright owner, brand owner, especially exclusive distribution can provide power of attorney in agreed area Claim from: Authorized / distributor in VN market Brand owner for all Lazada venture 10

11 Prohibited Goods Old/ Used/Refurbished products are not allowed to sell at Lazada (i) Old: is the expired product, dirty, scratch (ii) Refurbished: By manufacturers: prepared by manufacturers By Sellers: Used products with cover, equipment replaced or prepared by sellers (iii) Used: used products but sell as new 11

12 Prohibited Goods Apple refurbished by Apple is not allowed Expired product Seller replace cover of old Nokia 12

13 Products can be sold on Lazada Genuine Products are product manufactured by brand owners factory which sellers commit at Lazada. Factory can place in Vietnam or abroad. New products not old, not used, not refurbished following contract Original status from manufacturer Activation status Full services 13

14 Common misunderstanding of Lazada sellers I put brand is Samsung china, I told you it is not from Samsung in advance Only main product <Phone> is genius, equipments are not necessary Apple refurbished is all so new Or Hàng trôi bảo hành Trả bảo hành is allowed although Imei can not check=> Not allowed any Apple can not check Imei I put my shop name as product brand, so I can use whatever image on my product There is no authorized distributor in VN so I can sell fake product from China It s Lazada responsible to check my product photos against trademark I didn t heard about brand B before, so it may be the unregistered brand. Hence, I can use brand B name for my product. I can photoshop other brand photo for my product images My product is genuine, but I can use other brand boxes for packaging my product Counterfeit only count when I have orders, not when I upload product information WRONG UNDERSTA NDING 14

15 Lazada s Treatment for Counterfeit Lazada s Policy: Zero Tolerance Policies Lazada only allows merchants to sell genuine and new products Offering or selling fake products are illegal and thus forbidden (as defined in the Article 4 & 24 of the Agreement with Lazada) Seller with 1st time counterfeit/ infringed good: Penalty + OVL=1 in 1 week Seller from 2nd counterfeit/ infringed good: Penalty + turn seller offline 15

16 AQM Counterfeit Process Identification We can identify the Intellectual Property Infringement through: (i) Screening by internal staffs (ii) Customer s complaint when customer received: Low quality product Low material (product/ box) Fake serial number Different product from seller s information on website... 16

17 AQM Counterfeit Process Internal Process 17

18 AQM Counterfeit Process Require Certifications Sellers require to provide all necessary documents during checking process, including: Certification of origin Power of attorney / Authorization of distribution Invoices which can prove origin of product - Seller s invoice must prove merchandise history with authorized distributor within 3 months before the investigation date 18

19 AQM Counterfeit Process Require Certifications 1. Brand Registration Certificate 2. Authorization Certificate/ Contract from Brand owner 3. Power of attorney/ Contract with Authorized Distributor Common criteria for all certificates: + Validity Period + Image of Original file + Right name + In English or Vietnamese 19

20 How to check the validity of your product? Check the product s origin Please request your distributor to provide certificates to prove their distribution right or the product s origin. You can check by yourself on the brand website for the list of authorized distributors. Make sure your product are genuine! 20

21 How to check the validity of your product? Check the product s origin Note for brand owner: Please check your brand name or product name whether it is replicated the registered brand, trademark or product name on website Vietnam Intellectual Elibrary: 21

22 How to check the validity of your product? Check the product s design Please make sure your products don t use registered trademark (logo, product images, designed name.) if they are not belonged to this brand. For example: the following products are IP infringement because using registered trademark. Logo: Lacoste Sản phẩm: Huy Hoàng HH4201 Thắt lưng nam da cá sấu thật (Đen) Logo: BMW Logo: Beats Beats - Loa di động (Hồng) 22

23 How to check the validity of your product? Check your content on Lazada website Please check your product information to ensure not violate the IP of any registered brand. Please be careful with picture you take from the internet! Product Name T I E RF Product Image Brand Description E T UN CO 23

24 How to check the validity of your product? Check your content on Lazada website Avoid including a brand name into the product name that might lead to the perception that your product is belonged to that brand For the example below, the content needs to be revamped from Removal of brand name iphone from product name. The new product name will be Van Minh Tai nghe IT E F ER C T N OU 24

25 How to check the validity of your product? Check the product before delivery Counterfeit includes products that have no visible trademark on the product image on website but the delivered product includes a trademark Counterfeit includes the usage of a photo on the web content that contains the trademark of a brand. IT E F ER C Image on web T N U O Delivered product 25