Lazada's Intellectual Property Rights Infringement Policy - Frequently Asked Questions
Lazada's Intellectual Property Rights Infringement Policy - Frequently Asked Questions
For an overview of Lazada's Intellectual Property Rights Infringement Policy, please refer to this Guide.
Q1. A seller has taken my images and used them in their product listing. What should I do?
Q8. How do I check if a trademark is registered in Singapore?
Q1. A seller has taken my images and used them in their product listing. What should I do?
If you have identified other sellers using your images in their product listing, you can submit a complaint through the IPP Platform.
To file a complaint, you must either be:
(a)Author/Creator of the images; or
(b)Authorized by the IPR owner to enforce the rights of the copyrighted works in Singapore.
Prepare the following documents:
(a)Proof of ownership of images/videos e.g. copyright certificate or a statement claiming ownership to the copyrighted work; (and, where applicable)
(b)Proof of authorization from the IPR owner to enforce the rights of the copyrighted works in Singapore.
Clarification as to claim of ownership to the images
Scenario 1: I am the first seller to use these images but I did not take these photos or create these images. You do not own the copyright to these photos/images. You would not be able to submit a complaint through the IPP Platform, unless you are authorized by the copyright owner. Scenario 2: I took photos of the products or created the images myself. You may submit the necessary documents, that prove you are the author or creator of these photographs or images, to the IPP Platform, and submit a complaint. |
If you have identified other sellers using your registered trademark (e.g. brand’slogo) in their product listing, you can submit a complaint through the IPP Platform.
To file a complaint through the IPP Platform, you must either be:
(a) Owner of the registered trademark; or
(b) Authorized by the IPR owner to enforce the rights of the registered trademark in Singapore.
Prepare the following documents:
(a) Proof of ownership of trademark registration e.g. trademark registration certificate;(and, where applicable)
(b) Proof of authorization from the IPR owner to enforce the rights of the registered trademark in Singapore.
A complaint is rejected if Lazada’s review requirements are not met, e.g. IPR has expired, IPR is not registered in Singapore, infringement of IPR is not adequately established, etc.
Lazada also does not accept notices relating to the following on the Lazada IPP portal:
1.Parallel Imports / Distribution Agreements;
2.Compatibility of product with trademark-branded products; and
3.Where the complainant’s registered IPR is from a jurisdiction/ country other than Singapore.
1. 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.
2.Compatibility
Lazada does not enforce notices of infringement seeking to remove or alter true statements indicating compatibility with trademark-branded products. If a product detail page clearly and truthfully states the product being sold on that page is compatible with a trademark-branded product, Lazada will not process notices directed against the use of the trademark.
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.
If you disagree with the notice of infringement decision, please raise an appeal via the Policy Compliance page and attach at least one of the following supporting documents:
1.Proof of Purchase
2.Letter of Authorization
3.IPR document owned by the Seller
4.Prior Application/ Sale / Art / Original Image
5.Illustration onthe differences between the rights owner and seller’s IPR
Please note that you have 2 chances to submit an appeal. The first appeal window is 7 calendar days from the day after the complaint has been processed. The second appeal window is (a) 7 calendar days from the day Lazada notifies you of its decision on your first appeal or (b) if you did not submit a first appeal, the 8th day from the start of the first appeal window. Your product listing will be permanently taken down after the expiry of the second appeal window.
You may refer to Intellectual Property Protection Platform for more information.
You should ensure that the Brand Owner (and not other third parties such as a distributor) has authorized you to use the brand’s IPR and the authorization should be documented by way of a Letter of Authorization. The letter must clearly state authorization is granted to you to use the brand’s trademark and/or copyright-protected marketing assets/resources.
Please note that other third parties (such as a distributor) may not authorise you to use the brand’s IPR unless that third party has a Power of Attorney from the Brand Owner to authorise you on their behalf.
If your product listing has been taken down, please raise an appeal via the Policy Compliance page and submit the Letter of Authorization.
It is recommended that you conduct thorough due diligence and verify the source of your supplier’s goods before you purchase the goods.
If your products have been identified by the IPR owner to be counterfeit, your seller account will be subject to non-compliance points and your product listing will be taken down.
Your product listing may either:
(a)contains words orl logos that are identical or similar to a trademark without authorization from the trademark owner; or
(b)contain description or image(s) are copied from another source without the authorization from the copyright owner.
Please ensure that you have obtained consent from the IPR owner or licensor to use copyrighted or trademarked content/logos in your product title description and images.
Otherwise, please refrain from using registered trademarks and copyrighted content (e.g. images, videos, text) without authorisation in your product listings.
Q8. How do I check if a trademark is registered in Singapore?
You may refer to these commonly used trademark inquiry tools:
●Intellectual Property Office of Singapore (IPOS): https://www.ipos.gov.sg/
●World Intellectual Property Organization (WIPO): https://www.wipo.int/branddb/en/
