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Repeat IP claims
I hope someone can help.
We sell a brand which we were ungated after supplying several suitable invoices.
A representative of the brand keeps issuing Parallel import IP claims. We supply invoices, copies of the ungating notification and also several emails confirming that invoices have been accepted previously for previous IP claims on the same ASIN...as well as the invoices that were previously accepted for ungating and appealing the IP claim. It is totally random if the invoices are accepted again.
Can anybody shed light on how to deal with this?? Can we report them for IP abuse. We have spoke with Account health and they say raised a case but we hear nothing and in the meantime our account health is near de-activation.
Thanks in advance.
8 replies
Seller_VUcjClrPIVFRy
Do you have permission from the brand to sell on Amazon?
Does the brand allow sellers on Amazon to sell their products?
Seller_d8YGbIjNqwFxn
Have you spoken to the brand representatvie about this. The email for them should be in one of the violation messages you have.
It may well be that they do not allow 3rd party sellers to sell on Amazon or they are unaware that you are buying the items from an authorised source.
You could also try talking to the brand owner as well if you have a contact for them,
Seller_xU4h6ZbAduf0O
You need to contact both the Brand and the Distributor.
If the Brand has supplied the distributor directly then the Exhaustion has been put in place and there is no Parallel Import case.
If the Brand is raising parallel import infractions against you and THEY have supplied the goods into the market themselves, then they are in violation of IP law.
I have pasted the context of it below...
The exhaustion of intellectual property rights constitutes one of the limits of intellectual property (IP) rights. Once a given product has been sold under the authorization of the IP owner, the reselling, rental, lending and other third party commercial uses of IP-protected goods in domestic and international markets are governed by the principle.[1]
After a product covered by an IP right, such as by a patent right, has been sold by the IP right owner or by others with the consent of the owner, the IP right is said to be exhausted. It can no longer be exercised by the owner.[1] This limitation is also referred to as the exhaustion doctrine or first sale doctrine
Seller_cCeD6toydWU03
Hi
Have you had anymore luck with this. Im now getting the same issue. Repeat IP Complaints for the same ASIN with UK distributor invoices. Thanks
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