Intellectual Property (IP)

Intellectual Property (IP)

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Intellectual Property Overview

Intellectual property (IP) refers to creations of the mind:• Literary, artistic works • Symbols• Names • Images• Designs

• Copyright• Trademarks• Industrial Designs• Domain Name Rights• Patents• Pissing off

Definition

Intellectual Property includes

The right of Intellectual Property ownerSimilar to real property, Intellectual Property owners are granted exclusive rights for a specified duration and can enforce/ sue upon those rights.

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What is counterfeit?

(i) is identical with, or substantially indistinguishable from genuine(ii) likely to cause confusion, to cause mistake, to deceive or to take advantage of the established worth of the imitated productCounterfeit goods may also be termed "fakes," "knock-offs," or "replicas.“

Counterfeit = violate Intellectual Property

Counterfeit risk profile at Lazada• Fake / replica• Trademark infringement• Copyright • Prohibited goods• Pissing off• Distribution right

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Fake/ Replica – Lazada Story

Genuine

Customer received from Lazada is different genuine product

Seller: “I mentioned product brand is ‘Samsung-china”, why you check it fake or not?

Seller: “Oops , Logo is M 1 , not Mi from Xiaomi, guy”

Lazada

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Fake website: mymi-co.kr Genius website: mymi.co.kr

Fake product customer received

Genuine has the same appearance

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Fake/ Replica – Lazada Story

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Trademark

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises, including:• Logos• Taglines• Slogans• Product Images• Design Names

(i) is the unauthorized use of a registered trademark; (iI) or use a trademark which is identical or confusingly similar to a registered trademark, in relation to the identical or similar products or services.

Trademark

Trademark Counterfeit

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Trademark Infringement – Lazada Story

Lamborghini used to be cheap at Lazada

Sony / Vaio never produce this product Channel Logo - registered trademark

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Name Hello Kitty is registered trademark

A businessman who sold £100,000 worth of counterfeit goods,

including prestige car accessories, has been jailed for 12 months.

They included 6,000 metal badges, 24,000 iron-on logos, as well as

key rings, T-shirts, caps, cuff links and wallets – worth about

£209,000, based on the cut-prices he was charging, due to not

having paid royalties for using the internationally-renowned brand

names.

He had more than one million items listed as available for purchase

on eBay

Read more: http://www.leicestermercury.co.uk/Coalville-

businessman-jailed-pound-100-000-fake/story-20750071-detail/story.

html#ixzz42DFzVs00

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Trademark Infringement – Lazada Story

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http://www.leicestermercury.co.uk/Coalville-businessman-jailed-pound-100-000-fake/story-20750071-detail/story.html#ixzz42DFzVs00




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Copyright

Copyright is a legal term used to describe the rights that creators have over their literary and artistic works and distribution product.• Books / articles• Video / TVC• Music• Image / Photo

is the unauthorized use of copyrighted material in a manner that violates one of the copyright owner’s exclusive rights, such as the right to reproduce or perform the copyrighted works.

Copyright

Copyright Counterfeit

©

Be careful with images from internet, it might protect by copyright

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Distribution Right

• Distribution right includes the right for wholesale, retail, authorized agent etc. obliged by Viet Nam Law

• Distribution right can be provided by copyright owner, brand owner, especially exclusive distribution can provide power of attorney in agreed area

• Claim from:✓ Authorized / distributor in VN market✓ Brand owner for all Lazada venture

Distribution Right

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Prohibited Goods

(i) Old: is the expired product, dirty, scratch(ii) Refurbished:• By manufacturers: prepared by

manufacturers• By Sellers: Used products with cover,

equipment replaced or prepared by sellers(iii) Used: used products but sell as new

Old/ Used/Refurbished products are not allowed to sell at Lazada

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Apple refurbished by Apple is not allowed

Expired product Seller replace cover of old Nokia

Prohibited Goods

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Products can be sold on Lazada

are product manufactured by brand owners factory which sellers commit at Lazada.Factory can place in Vietnam or abroad.

not old, not used, not refurbished following contract

Genuine Products

New products

Original status from manufacturer • Activation status• Full services

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Common misunderstanding of Lazada sellers

“I put brand is Samsung china, I told you it is not from Samsung in advance”

“Only main product <Phone> is genius, equipments are not necessary”

“Apple refurbished is all so new”Or “Hàng trôi bảo hành” “Trả bảo hành” is allowed although Imei

can not check=> Not allowed any Apple can not check Imei

“I put my shop name as product brand, so I can use whatever image on my product”

“There is no authorized distributor in VN so I can sell fake product from China”

“It’s Lazada responsible to check my product photos against trademark”

“I didn’t heard about brand “B” before, so it may be the unregistered brand. Hence, I can use brand “B” name for my product.”

“I can photoshop other brand photo for my product images”

“My product is genuine, but I can use other brand boxes for packaging my product”

“Counterfeit only count when I have orders, not when I upload product information”

WRONG UNDERSTANDING

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Seller with 1st time counterfeit/ infringed good: Penalty + OVL=1 in 1 week

Seller from 2nd counterfeit/ infringed good: Penalty + turn seller offline

Lazada’s Treatment for Counterfeit

Lazada’s Policy: Zero Tolerance Policies• Lazada only allows merchants to sell genuine and new

products• Offering or selling fake products are illegal and thus

forbidden (as defined in the Article 4 & 24 of the Agreement with Lazada)

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AQM – Counterfeit Process

IdentificationWe can identify the Intellectual Property Infringement through:(i) Screening by internal staffs(ii) Customer’s complaint when customer received:• Low quality product• Low material (product/ box)• Fake serial number• Different product from seller’s information on website• .....

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Internal Process

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Require CertificationsSellers require to provide all necessary documents during checking process, including:

• Certification of origin• Power of attorney / Authorization of distribution • Invoices which can prove origin of product - Seller’s

invoice must prove merchandise history with authorized distributor within 3 months before the investigation date

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Require Certifications

1. Brand Registration Certificate

2. Authorization Certificate/ Contract from Brand owner

3. Power of attorney/ Contract with Authorized Distributor

Common criteria for all certificates:+ Validity Period+ Image of Original file + Right name+ In English or Vietnamese

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How to check the validity of your product?

Check the product’s origin• Please request your distributor to provide certificates to

prove their distribution right or the product’s origin. • You can check by yourself on the brand website for the

list of authorized distributors.• Make sure your product are genuine!

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Check the product’s originNote for brand owner:• Please check your brand name or product name

whether it is replicated the registered brand, trademark or product name on website Vietnam Intellectual E-library: http://iplib2.noip.gov.vn/WebUI/WHitList.php

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Check the product’s design• Please make sure your products don’t use registered trademark (logo,

product images, designed name….) if they are not belonged to this brand.

• For example: the following products are IP infringement because using registered trademark.

Sản phẩm: Huy Hoàng HH4201 – Thắt lưng nam da cá sấu thật (Đen)

Logo: LacosteLogo: BMW

Beats - Loa di động (Hồng)Logo: Beats

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Check your content on Lazada website• Please check your product information to ensure not violate the

IP of any registered brand.• Please be careful with picture you take from the internet!

COUNTER

FEIT

Product Name

Product Image

Brand

Description

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Check your content on Lazada website• Avoid including a brand name into the product name that might

lead to the perception that your product is belonged to that brand

• For the example below, the content needs to be revamped from✓ Removal of brand name iPhone from product name. The

new product name will be Van Minh Tai nghe

COUNTER

FEIT

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Check the product before delivery• Counterfeit includes products that have no visible trademark on

the product image on website but the delivered product includes a trademark

• Counterfeit includes the usage of a photo on the web content that contains the trademark of a brand.

Image on web Delivered product

COUNTER

FEIT

Documents

Intellectual Property (IP)