Lazada’s Intellectual Property Rights (IPR) Policy
Guide to Lazada’s Intellectual Property Rights Infringement Policy
This guide provides an overview of the basics of IPR and some common questions on Lazada, particularly if you are selling on our Platform. Please note that neither this guide nor its content constitutes legal advice.
If you have questions about IPR, either yours or the IPR of others, we recommend that you consult a qualified lawyer.
The examples raised in this guide are non-exhaustive. For more information and additional examples, please refer to the training decks on Lazada University: LU deck.
Please refer to the Frequently Asked Questions for more information.
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A.Introduction to Lazada’s Intellectual Property Rights Infringement Policy
A.Introduction to Lazada’s Intellectual Property Rights Infringement Policy
Lazada is committed to protecting intellectual property rights (IPR) 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. Violating this policy may result in loss of selling privileges or other legal consequences.
Lazada’s IPR Infringement Policy can be found here.
Intellectual property right owners or their authorized representatives can submit complaints against any product listing found on Lazada that infringes their IPR through the IPP Platform.
Sellers are monitored for compliance to Lazada Seller Policies. At the same time, depending on the severity of the violation, Lazada may take measures such as locking of product listings, account restrictions and withholding or confiscation of proceeds in the Seller Account. Sellers will be given the opportunity to raise an appeal against the takedown by providing appropriate supporting document(s).
Policy Violation Scenario |
Possible Consequences |
Counterfeit Copyright Piracy Copyright Unlawful Access Copyright Unlawful Reproduction |
Product Locked + Up to 48 Non Compliance Points |
Content Infringement (of Trademarks and Copyrights) |
|
Infringement of Patent Rights |
|
Infringement of Registered Design Rights |
If you have received a notification regarding policy violation and you would like to appeal the decision, you may do so in the Growth Center.
You may refer to Non-Compliance Points for more information.
Lazada’s Right
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.
B.Types of IPR referred to in Lazada’s IPR Policy
Trademarks |
A recognizable sign, design, or expression which identifies products or services of a source from those of others. The logo must be registered with the relevant government authority of that country. e.g. A brand’s logo expressed in word, in image or a combination of both |
Copyrights |
Original creative works such as artistic works, literary works, sound recordings or film(not-exhaustive). e.g. A photograph, drawing, product image, product description write-up, audio clip, video clip, software, source codes |
Patents |
Inventions in the form of a novel product, process or improvement to existing technology. e.g. A coffee machine which uses a high-pressure extraction technology |
Registered Design |
External appearance and features of a product such as its shape, configuration ,pattern or ornamentation of a product e.g. External shape of a water bottle |
C.Types of IPR infringements on Lazada
The following table sets out a list of different types of IPR infringement on Lazada.
Infringement |
Explanation |
What should you do? |
|
Trademark |
Counterfeit |
Your product contains words or logos that are identical or similar to a trademark. It was made without authorization from the trademark owner. Your product is a counterfeit of an original brand. |
Sell genuine products and source products from brands and/or authorized distributors. |
Content Infringement |
Your product listing title, description or image(s) contains words or logos that are identical or similar to a trademark without authorization from the trademark owner. |
Refrain from using registered trademarks in your product listing without authorization from the trademark owner. |
|
Copyright |
Content Infringement |
Your product title, description or image(s) are copied from another source without the authorization from the copyright owner. |
Refrain from using copyrighted content (e.g. images, videos, body of text) in your product listing without authorisation from the copyright owner. Take your own photographs of your products for use on your product listing instead of using copyrighted content. |
Piracy |
Your product is an unauthorized reproduction (pirated copy) of copyright-protected content. Common pirated products include software, films, sound recordings and books. |
Sell genuine products and source products from copyright owners (which are often the corresponding brand owners) and/or their authorized distributors. |
|
Unlawful Access |
Your product provides a user unauthorized access to copyright-protected content. |
Do not offer for sale products or services which facilitate unauthorized access to copyright-protected content. |
|
Unlawful Reproduction |
Your product contains or reproduces copyright-protected image(s), words or text. It was made without authorization from the copyright owner. |
Do not offer for sale products containing copyright-protected content which are made without authorization from the copyright owner. |
|
Design Patent |
Design Patent Infringement |
Your product is applied with a design which is protected by a design patent or registered design. It was made without authorization from design patent/design registration owner. |
Sell genuine products and source products from design rights owners (which are often the corresponding brand owners) and/or their authorized distributors. |
Invention Patent |
Invention Patent Infringement |
Your product infringes a patented product or process. It was made without authorization from patent owner. |
Sell genuine products and source products from patent owners (which are often the corresponding brand owners) and/or their authorized distributors. |
The following scenarios are the most common violations of Lazada’s IPR Policy in the following scenarios:
(a) Offer for sale counterfeit products;
(b) Use of a trademark (e.g. brand’s logo) in the product display images, product title or product description of the product listing without permission from the rights owner;
(c) Use of copyrighted content (e.g. images, videos, body of text) in the product listing without permission from the rights owner.
D. Parallel Imports / Distribution Agreements
Parallel imports refer to goods first sold in an overseas market with the right owner’s authorization, and such goods are subsequently imported into another market for sale. Lazada respects the rights of brand owners, manufacturers, trading companies and/or distributors to enter into agreements as to how their products should be distributed (such as exclusive distribution agreements) and takes the view that the enforcement of such agreements is a matter to be resolved between the parties to such agreements.
As per our IPR Policy, Lazada will only process takedowns where there is an infringement of Intellectual Property Rights. Unless there are any specific exceptions under the laws of Singapore, Lazada will not assist with this type of enforcement activity, including the processing of notices of infringement on the ground of parallel importation into Singapore.
