被投诉外观专利侵权,申诉不通过,审核团队始终回复一样的内容;目前违规记录快到180天,请问该如何解决以确保帐号安全?
1.我既是卖家也是制造商,我坚持我的产品未侵犯他人知识产权,我的产品有自己的专利号。并且也请了专业的德国律师顾问出具了不侵权函,同时我也积极地向投诉方联系,但始终无法得到对方的撤诉。
2.亚马逊账户健康团队和审核团队也未提供我们更多帮助和建议,无论我提交任何新材料申诉,始终收到以下回复:
“我们收到了您提交的信息,但目前这些信息不足以让我们重新启售您的商品。要想让我们重新启售您的商品,请提供以下任一文件,证明您的商品为正品:
-- 由权利所有者直接出具的、表明您有权使用其知识产权的授权书 (LOA) 或许可协议 (LA)。您可以在收到的有关商品下架的通信内容中找到权利所有者的联系信息。
-- 由权利所有者直接出具的发票,表明您的商品为原装商品,并且是直接从权利所有者处购买的。您可以在收到的有关商品停售的通信内容中找到权利所有者的联系信息。
-- 由权利所有者直接发送给亚马逊的撤销请求。您可以在收到的有关商品停售的通信内容中找到权利所有者的联系信息。
-- 发布的商品的设计注册证明。”
3.从收到投诉绩效通知到现在已经将近180天,但是该侵权问题始终没有进展,账户评级192分,显示存在风险。请问接下来我该如何成功申诉?账户评级如何恢复正常?
有没有经验大佬解答,万分感谢!
被投诉外观专利侵权,申诉不通过,审核团队始终回复一样的内容;目前违规记录快到180天,请问该如何解决以确保帐号安全?
1.我既是卖家也是制造商,我坚持我的产品未侵犯他人知识产权,我的产品有自己的专利号。并且也请了专业的德国律师顾问出具了不侵权函,同时我也积极地向投诉方联系,但始终无法得到对方的撤诉。
2.亚马逊账户健康团队和审核团队也未提供我们更多帮助和建议,无论我提交任何新材料申诉,始终收到以下回复:
“我们收到了您提交的信息,但目前这些信息不足以让我们重新启售您的商品。要想让我们重新启售您的商品,请提供以下任一文件,证明您的商品为正品:
-- 由权利所有者直接出具的、表明您有权使用其知识产权的授权书 (LOA) 或许可协议 (LA)。您可以在收到的有关商品下架的通信内容中找到权利所有者的联系信息。
-- 由权利所有者直接出具的发票,表明您的商品为原装商品,并且是直接从权利所有者处购买的。您可以在收到的有关商品停售的通信内容中找到权利所有者的联系信息。
-- 由权利所有者直接发送给亚马逊的撤销请求。您可以在收到的有关商品停售的通信内容中找到权利所有者的联系信息。
-- 发布的商品的设计注册证明。”
3.从收到投诉绩效通知到现在已经将近180天,但是该侵权问题始终没有进展,账户评级192分,显示存在风险。请问接下来我该如何成功申诉?账户评级如何恢复正常?
有没有经验大佬解答,万分感谢!
10 Antworten
Seller_gX1r7HAdIW0i5
Das ist das deutsche Seller Forum. Man schreibt hier zu mindestens auf englisch.
Seller_ufYHUMMwviu5J
I'm sorry for the trouble, I am a Chinese seller. There may be many misexpressions when translated into German, now I will express my question in English. Can you give me some good advice on my question? I look forward to your reply.
Translation text:
I am both a seller and a manufacturer. I insist that my products do not infringe on the intellectual property rights of others. My products have their own patent numbers. Additionally, I have also sought advice from a professional German patent lawyer, who has provided a letter stating that my products do not infringe on any rights. I have also actively contacted the complainant, but I have not been able to get their reply. So, it is impossible for them to withdraw the complaint.
The Amazon Account Health Support Team and the Review team have not provided us with more help or advice. Regardless of any new envidence I submit for appeal, I always receive the same response:
"We received your submission but do not have enough information to reactivate your listing at this time. To reactivate your listing, please provide any one of the below documents for proving authenticity of your listings:
-- A letter of authorization (LOA) or licensing agreement (LA) directly from the rights owner indicating that you are authorized to use their intellectual property. You can find the contact information of the rights owner in the listing deactivation communication you have received.
-- An invoice directly from rights owner to indicate that your products are original and are purchased from the rights owner directly. You can find the contact information of the rights owner in the listing deactivation communication you have received.
-- A retraction from the rights owner to be sent to Amazon directly. You can find the contact information of the rights owner in the listing deactivation communication you have received.
-- Proof of design registration for the listed product."
It has been almost 180 days since I received the complaint performance notification, but there has been no progress in resolving this infringement issue. My account health rating is 192, indicating at risk. What should I do next to successfully reactivate my listings? How can I restore my account health rating to normal?
Can any experienced sellers help me? Thank you very much!
Oliver_Amazon
Hello @Seller_ufYHUMMwviu5J
Thanks for your message. My name is Oliver and I'll answer your question about supposedly infringing Intellectual Property rights today.
You explain that you even got a letter from a patent lawyer that confirms your products do not infringe on any rights.
Have you contacted Account Health Support to see if they can internally ask for a second review?
To reach them please go through top left menu > performance > Account Health > Call me now
Also I recommend you to contact the rights owner, maybe through your lawyer, and to see if you can come to an agreement and if they can provide a Letter of Authorization.
When asking for a Letter of Authorization/IP licensing agreement, make sure these five key terms are present:
'Licensor'–The company/brand providing the rights to intellectual property
'Licensee'–The company/brand receiving the rights to use the intellectual property.
‘Grant’–The intellectual property being licensed and the scope of rights granted
‘Geographic Scope’–The specific territory or territories where use is authorized (may be worldwide)
‘Term’–The duration of the authorization (may be perpetual)
To check further Letter of Authorization requirements, please check https://www.sellercentral.amazon.de/help/hub/reference/GUF78PCXAMHDY2A6
I hope this way you can soon relist your products.
Have a good day
Oliver
Seller_ufYHUMMwviu5J
Hello Oliver,
thank you for your reply. I have contacted Account Health Support to request an internal second review, but the appeal was still rejected.
I also tried to contact the rights owner, but unfortunately failed to reach an agreement and obtain a withdrawal of the complaint.
I am just a small seller, is there any better solution?
Rachelle_Amazon
Hi @Seller_ufYHUMMwviu5J,
have you considered reaching out to Account Health? Has this happened yet? I am also forwarding this thread to Account Health Support as this is not able to be actioned by the forums.
Best Regards
Rachelle
Gala_Amazon
Hello @WHITOP_EU_850,
My name is Gala and I would like to help you with your last question.
As I understand you have contacted the Account Health Support team to request an internal second review. Did you receive any update yet?
I also understand that you tried to contact the rights owner, but unfortunately failed to reach an agreement and obtain a withdrawal of the complaint.
Unfortunately there is no ''better'' solution, I'd suggest to wait for the second review outcome if you didn't receive it already.
Once received please feel free to share the details with us in case another Selling Partner is in the same situation than you.
The forum community and I are here to support you.
Please keep us up to date and write here if you have any further questions.
Best regards,
Gala
thank you for your reply. I have contacted Account Health Support to request an internal second review, but the appeal was still rejected.
I also tried to contact the rights owner, but unfortunately failed to reach an agreement and obtain a withdrawal of the complaint.
I am just a small seller, is there any better solution?