Intellectual Property Rights Policy
Overview of Lazada’s Intellectual Property Rights Policy
Lazada, as part of the Alibaba Group, is committed to protecting intellectual property rights and maintaining a healthy and safe e-commerce environment on our platforms. We take a serious stance when dealing with intellectual property infringement claims on the e-commerce platforms that we operate.
This policy provides an overview of intellectual property (IP) rights and some common IP concerns that might arise when selling on Lazada. Violating this policy may result in loss of selling privileges or other legal consequences.
Please note that this is not legal advice. We recommend sellers to consult a lawyer if you have a specific question about their IP rights or the IP rights of others.
To understand this policy and our enforcement, please review the details below:
Consequences of Violating the Intellectual Property Rights Policy
Intellectual Property Rights (IPR) Policy – Illustrations and examples
Consequences of Violating the Intellectual Property Rights Policy
Any breach of Lazada’s Intellectual Property Rights Policy may result in your product listing being locked and/or issuance of non-compliance points. Please refer to the chart below. In cases where we identify that your store is predominantly used to sell counterfeit, pirated, or otherwise unauthorized goods, we may exceed the possible consequences below and deactivate the store immediately/
Policy Violation Scenario |
Possible Consequences |
Counterfeits and Piracy Infringement of Trademarks and Copyrights (including Unauthorized Use of Trademark, Unlawful Reproduction, Unlawful Access) |
Product Locked + Up to 48 points |
Content Infringement of Trademarks and Copyrights (including Unfair Usage) |
Product Locked + Up to 48 points |
Infringement of Patent Rights |
Product Locked + Up to 48 points |
Infringement of Registered Design Rights |
Product Locked + Up to 48 points |
If you have received a notification that you had violated our policy and you would like to file appeal request, you may do so in the Growth Center.
You may refer to Non-Compliance Points for more information.
Intellectual Property Rights (IPR) Policy – Illustrations and examples
The following document is prepared for the purpose of illustrating the IPR Policy. We recommend sellers to refer to the Intellectual Property Right Policy.
What are the 4 types of Intellectual Property (IP) referred to in the IPR Policy?
Trademarks – Legal protection for a recognizable sign, design, or expression which identifies products or services of a source from those of others.
Copyrights – Legal protections for original creative works to determine whether and under what conditions it may be copied and used by others.
Patent - Legal protections for inventions (example: process design) to exclude others from making, using, selling, and importing.
Registered Design - Legal protections for the shape, configuration, visual appearance, pattern or ornamentation of a product.
How do we define Infringement in Lazada?
Note: Infringements include, but are not limited to the following:
1. Users listing counterfeit or pirated products or services on the Platform:
(a) This applies when a seller applies a sign or signs identical/similar to a registered trademark on their product to establish the origin of such product or service, of which the application of such sign has been conducted without consent of the proprietor of the registered trademark. Using the exact or similar trademarked terms or logos on a product is prohibited.
(b) This applies when a seller reproduces, publishes or distributes creative works which are subject to copyright, and offer such works for sale on the Platform without the express or implied consent of the owner of the copyright.
Commonly used trademark inquiry tools:
- Philippines: https://www.ipophil.gov.ph/services/trade/
- World Intellectual Property Organization (WIPO): https://www.wipo.int/branddb/en/
- Third-party trademark Query Tool: https://trademark-search.marcaria.com/en
In addition to inquiring the trademark with the trademark registration number, the trademark can be inquired by the name of the trademark or the trademark owner in the daily use of the above tools.
2. Infringing content:
(a) This applies to unfair or unauthorized use of trademark rights in product descriptions or other information.
(b) This apples to use of copyrighted material without permission from the copyright holder. This includes but is not limited to (1) using photos found from online search engines or other websites (even if edited) and (2) copying the descriptions and texts of other authors without their approval or consent.
3. Other types of infringement:
(a) Infringement of a registered design includes listing a product that is identical or substantially similar in overall impression to the registered design.
(b) Listing a patented concept or invention within the duration of the patent hence violating the rights of the patent owner.
Appeal Before Takedown (ABT) Program
In order to protect Lazada sellers from malicious or invalid reports and minimize business interruption from these incidents, Lazada has created an Appeal Before Takedown process for a few selected sellers.
The Appeal Before Takedown program allows sellers to respond within 7 calendar days from the time of violation notice to appeal certain Intellectual Property violation reports before the Non-Compliance Points are issued and results in penalty to the store.
How to Review your Violations:
1/ On Growth Center, review if you have Intellectual Property Rights Policy violations. Check for violations that have 0 points and a future execution time:
2/ Check the item with violation and make the necessary changes (see recommended actions below)
3/ Click Appeal. Submit your appeal before the Execution Time indicated to avoid getting NCPs.
How to Appeal your Violation:
After reviewing the complaint, go to your product listing in Seller Center and follow the steps below. Here are the actions need to take under the ABT program based on the violation received:
Content Infringement - Unauthorize or Unfair Use of Images or Text: For content violations such as Trademark or Copyright unauthorized/unfair usage (i.e. using other people's images, videos, descriptions to advertise your products), sellers must respond within 7 calendar days to edit the infringing SKU, remove the images/content violations, and send appeal through Growth Center notifying us that the SKU has been modified. For easier verification, please enter "ABT-SKU edited" within your appeal comment so we are able to fast track the appeal process and avoid penalty issuance.
Appeals approve will result in no Non-Compliance Points at the end of the 7 days. However, appeals rejected will result in the issuance of Non-Compliance Points. If you still disagree on the violation, please file a second appeal on the new record.
Counterfeits / Piracy / Unlawful Access: For product violations such as counterfeit or piracy, sellers must respond within 7 calendar days to appeal on Growth Center and provide proof that the products are legitimate and do not violate counterfeit or piracy laws. Appeal documents such as verified receipts, certification of distributorship, and letter of authorization to resell are accepted.
Appeals approve will result in no Non-Compliance Points at the end of the 7 days. However, appeals rejected will result in the issuance of Non-Compliance Points. If you still disagree on the violation, please file a second appeal on the new record. Please note that simply deleting the SKU or editing the SKU is NOT a valid appeal for counterfeit or piracy violations.
Please note that simply deleting the violating SKU (especially for counterfeit cases) will NOT result in a successful appeal. In almost all cases, this makes the appeal harder to process and result in auto-rejection of the appeal.
Summary of Violation and Action Needed:
Violation |
Action by Seller |
Unfair or unauthorized use of other party’s copyrighted work (ex. seller used official brand photos) |
Replace the photos and upload your own photos. Once edited, submit your appeal and enter “ABT-Edited” in the comments to fast track your appeal approval. |
Unfair use of the other party’s trademark (ex. seller used registered brand in product name or details) |
Remove the trademarked content (brand name or logo) in product name or descriptions. Once edited, submit your appeal and enter “ABT-Edited” in the comments to fast track your appeal approval. |
Counterfeit / Piracy |
Gather the necessary documents to prove that the product is not a counterfeit or a pirated good. This can include official receipts, authorization letters, etc. Click appeal and submit these documents. |
Unlawful Access |
Gather the necessary documents to prove that the you are allowed to resell such software or material. This can include authorization letters showing that you have the right to resell the product. Click appeal and submit these documents. |
(Note: Depending on the results of the investigation, the appeal may or may not be approved)
Intellectual Property Protection (IPP)
What is Intellectual Property Protection (IPP)?
Lazada, as part of the Alibaba Group, is committed to protecting intellectual property rights and maintaining a healthy and safe e-commerce environment on our platforms. Brands and/or rights owner can raise complaints about any user and/or product listing that infringes their rights under the Intellectual Property Protection (IPP) portal.
Sellers who have been verified to have infringed the Intellectual Property Rights Policy will have the corresponding product removed and be issued up to 16 non-compliance points.
Click here to go to IPP portal.
Types of notices not accepted by Lazada IPP portal
1. Distribution Agreements
We respect the rights of brand owners, manufacturers, trading companies and / or distributors to enter into agreements in relation to how their products should be distributed (such as exclusive distribution agreements). However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of agreements relating to the distribution of products is a matter between the parties to such agreements, Lazada does not assist with this type of enforcement activity.
2. Compatibility
Lazada does not enforce notices of infringement seeking to remove or alter true statements indicating compatibility with trademarked products. If a product detail page clearly and truthfully states the product being sold on that page is compatible with a trademarked product, Lazada will not process notices directed against the use of the trademarked sign.
3. Jurisdiction
If you are filing a notice to Lazada for the infringement of a registered trademark, patent or design, your registered trademark, patent or design must be registered in the country where you are filing the notice of infringement. Lazada does not take action in respect of intellectual property notices concerning registered trademarks, designs, or patents from countries other than the country for which the takedown is requested. For example, if you are the proprietor of a trademark registered only in Thailand and you file a notice through the IPP Platform to remove a listing on the Platform in Singapore, your notice will be unsuccessful.
4. Parallel Imports
Save for where expressly prohibited pursuant to the laws of the country where the intellectual property notice is filed, Lazada will not process notices of infringement directed against parallel import or grey market products in the countries where the Platform is located.
How can a seller check if their product is genuine?
It is recommended that you know the source of the supplier’s purchase before you purchase the goods. If you purchase your goods online (via the supplier’s website), you will need to be extra cautious and be sure of the source of goods. If your products have been identified to be not authentic, your product will be subjected to up to 16 non-compliance points and it will be locked. Lazada has zero tolerance on counterfeits.
How can sellers protect their own IP rights?
If you have identified other sellers using your images on their product information page, you can raise a complaint through the IPP portal. In order to have the rights to raise the complaint, you will need to be the originator or creator of these images.
Examples
Scenario 1: I took these photos myself. I edited and created the images myself.
You can submit the original images and supporting documents that prove that you are the originator or creator of these images through the IPP portal, and initiate a complaint.
Scenario 2: I did not take these images or create these images but I used these images first.
You do not own the copyrights to these images therefore you have no right to raise an IPP complaint.
You acknowledge and agree that Lazada has the right to disclose your personal information and business contact information, transactional records, and any other data or information collected by Lazada through any Lazada Platform, to any legal, regulatory, governmental, tax, law enforcement or other authorities, the relevant right owners, or other third parties, if Lazada has reasonable grounds to believe that disclosure of your personal information and / or business contact information is necessary for the purpose of meeting any obligations, requirements or arrangements, whether voluntary or mandatory, as a result of cooperating with an order, an investigation and/or a request of any nature by such parties, or if Lazada has reasonable grounds to believe that you have breached, allowed, authorised, enabled or assisted any third party to breach, any term of your agreement with Lazada, including any of Lazada's policies, guidelines or communications, or at Lazada's sole and absolute discretion for any reason whatsoever.
In particular, Lazada may disclose your business contact information and / or personal information to intellectual property rights holders where:
(i) Lazada has received a written request from the relevant intellectual property rights holder for such information;
(ii) such request gives Lazada reasonable grounds to believe that the products or services the intellectual property rights holder has requested further details on, infringe its intellectual property rights; and
(iii) the intellectual property rights holder has provided objective evidence that it owns or has an exclusive licence to the relevant intellectual property rights, such as a valid trademark certificate in the relevant territory.
To the extent permissible by applicable law, you agree not to take any action and/or waive your rights to take any action against Lazada for the disclosure of your business contact information or your personal information in these circumstances.
