How to write plan of action for intellectual property complaints on Amazon

How to write plan of action for intellectual property complaints on Amazon

Crafting an Effective Amazon Plan of Action for Intellectual Property Complaints

How to write plan of action for intellectual property complaints on Amazon

If you’re a seller on Amazon US, UK, Australia, Mexico, Dubai, Germany Canada, India, Singapore, Saudi Arabia, Turkey, United Arab Emirates, and in any countries – An IP complaint might stem from allegations of copyright infringement, trademark misuse, or patent violations. Amazon takes these complaints seriously, and failing to address them adequately can lead to Seller account suspension or Listing Block. A well-structured Plan of Action (POA) is the key to resolving such issues.

In this blog post, we’ll walk you through what an Amazon Plan of Action is, how to write one, and tips for effectively addressing IP complaints on amazon.

What is a Plan of Action (POA)?

A Plan of Action is a formal document submitted to Amazon to resolve policy violations or complaints, including intellectual property claims. It outlines the root cause of the issue, the actions you’ve taken to address it, and the steps you will implement to prevent future occurrences.

For IP complaints, the POA must demonstrate that you understand the seriousness of the issue and are actively working to comply with Amazon’s policies and intellectual property laws.

Understanding Intellectual Property Complaints

Intellectual Property Policy for Amazon Sellers

This policy provides an overview of intellectual property (IP) rights and some common IP concerns that might arise when selling on Amazon. When you sell on Amazon:

  • You must comply with all federal, state, and local laws and Amazon policies applicable to your products and product listings
  • You may not violate the IP rights of brands or other rights owners

Violating this policy may result in loss of selling privileges or other legal consequences.

How to write plan of action for intellectual property complaints on Amazon

There are 3 main types of IP rights:

  • Trademark Infringement: Using a brand’s name, logo, or slogan without authorization.
  • Copyright Infringement: Selling a product that copies original work, such as books, images, or music.
  • Patent Infringement: Selling a product that violates another company’s patented design or utility.

Sometimes, IP complaints arise from misunderstandings or errors, like inaccurate claims from rights owners or listing mistakes. Regardless of the cause, addressing the issue swiftly and professionally is critical.

Type of notice or warning
Actions you may take

For a product you never listed on Amazon
Reply to the notification you received and let us know that you have never listed the reported product. We will investigate to determine if an error occurred.

If you have an established relationship with the rights owner
If you have a license or other agreement that allows you to use the IP identified in the notice, contact the rights owner who submitted the complaint to request a retraction. Your content may be reinstated if we receive a retraction from the rights owner.
Trademark or Counterfeit infringement on the product or packagingUse the Account Health Dashboard present in your selling account to provide an invoice or Order ID that demonstrates the authenticity of the product. We will then re-evaluate the notice and your content may be reinstated.
Trademark or Counterfeit infringement on the product detail pageModify the product detail page or pages to ensure they do not infringe the trademark and then submit your appeal by going to the Account Health page.
OR
If you believe your listing was removed in error, you may submit your appeal by going to the Account Health page. Please provide supporting documentation (e.g., letter of authorization, licensing agreement). We will then re-evaluate the notice, and your content may be reinstated.
Patent infringement
Reply to the notification you received, with specific reasons as to why you believe a mistake was made. You may also provide a court order demonstrating that your product is non-infringing or that the asserted patent is invalid or unenforceable.
Copyright infringement
You may file a counter-notice under the Digital Millennium Copyright Act. The counter-notice must be sent to the email provided in your copyright warning and must include:Your physical or electronic signature. You can sign electronically by typing your name with an indication that it is intended to be a signature: “/s/ Seller Name.”
Identification of the material that has been removed or to which access has been disabled, and the specific location where the material appeared before it was removed or access was disabled. An ASIN is generally sufficient.
A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of error or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your seller address is located; or, if you are located outside the United States, to the jurisdiction of the United States District Court for the Western District of Washington, and that you will accept service of process from the person who provided notification of alleged copyright infringement or an agent of such person.
  • Multiple warnings of IP infringement. If you have received multiple warnings of IP infringement and you believe you are selling non-infringing products, submit an appeal via Seller Central with the following information:A list of the allegedly infringing ASINs and at least one of the following, as applicable:a. Invoices proving the authenticity of your products (you may remove pricing information); ORb. Amazon order IDs demonstrating product authenticity; ORc. An authorization letter from the rights owner (cannot be a forwarded email); ORd. A court order finding that your product does not infringe the asserted IP, or that the asserted IP is invalid or unenforceable.
  • Account suspension. If your account has been suspended because of notices of IP infringement against your products or content, you can provide us with a viable Plan of Action. To learn more, refer to Create a plan of action to reinstate selling privilegesYou should send your Plan of Action via your account dashboard or reply to the account suspension notification that you received. We will evaluate your Plan of Action and determine if your account may be reinstated. Note that Amazon terminates the accounts of repeat infringers in appropriate circumstances.
  • Sellers are expected to follow the law. Amazon takes claims of IP infringement seriously. Even if a seller is infringing IP without knowledge, we will still take action and the seller’s account might receive a warning or be suspended. You should consult an attorney for help to ensure that you have the right procedures in place to prevent IP infringement.

How to Write a Plan of Action for an IP Complaint

1. Acknowledge the Complaint

Start by showing that you understand the nature of the issue. Use clear and concise language to describe the problem.

Example: “We acknowledge that our listing for [Product Name] has been flagged due to a potential trademark infringement. We take this matter seriously and are committed to resolving the issue in compliance with Amazon’s policies and intellectual property laws.”


2. Identify the Root Cause

Investigate why the complaint occurred. Was it due to inaccurate listing details, a misunderstanding of intellectual property rights, or an oversight in sourcing? Amazon values transparency and accountability.

Example: “After reviewing the complaint, we identified that the issue arose from incorrect usage of a trademarked term in our product title and description. This error was unintentional and resulted from a misunderstanding of the trademark owner’s rights.”


3. Detail Immediate Actions Taken

Explain what you’ve already done to address the issue. This could include removing the offending product, correcting the listing, or contacting the complainant.

Example: *”We have taken the following actions:

  • Removed the product listing to prevent further sales.
  • Reached out to the rights owner to clarify the complaint and seek resolution.
  • Reviewed and updated all our product titles and descriptions to ensure compliance with IP laws.”*

4. Outline Preventive Measures

Demonstrate your commitment to avoiding future violations by implementing processes or policies. This section is crucial to reassure Amazon of your long-term compliance.

Example: *”To prevent similar issues, we have implemented the following measures:

  • Established a legal review process for all product listings to verify compliance with IP laws.
  • Educated our team on trademark, copyright, and patent regulations.
  • Partnered with a compliance consultant to review our product catalog regularly.”*

How to write plan of action for intellectual property complaints on Amazon

for more knowledge you can learn from Amazon seller UniversityClick here

How to write plan of action for intellectual property complaints on Amazon

Also you can learn and discuss over Seller Forum where you can ask your question and many experts could give you an valid answer how you can get back your account. –Read

How to write plan of action for intellectual property complaints on Amazon

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