The importance of explosive models for cross-border sellers is self-evident, so most sellers are actively moving closer to explosive models, and if they can't produce explosive models, then keep up with the explosive models.
Although the explosive model is fragrant, the risk is not small, and behind the explosion, the problem of infringement is always accompanied. From 2016 to the present, the phenomenon-level explosive products such as balance cars, "fingertips" series, snowflakes, Peppa Pig, and domestic down jackets have brought about the myth of sudden wealth one by one, but at the same time, they have also been accompanied by large-scale infringement prosecution cases, so that many sellers have lost their homes because of "explosive products".
Over the years, cross-border sellers who have been "educated" between explosive money and infringement, sudden wealth and bankruptcy have been continuously "educated", what is the perception of intellectual property rights by Chinese sellers at this stage?
Hugo Cross-Border has reported that in the past, Chinese sellers' cognition of intellectual property rights started late, and after a wave of infringement incidents and the baptism of the market, more and more sellers at this stage began to dig deep into product quality, focus on brand creation, and realize the importance of intellectual property layout, such as actively registering trademarks and patents, handling complaints in a timely manner, and cautiously touching suspected infringing products.
Shenzhen Bolang Technology Co., Ltd. (located in Longhua, Shenzhen, with its own factory in Fenggang, Dongguan), which is designed for supplying cross-border e-commerce sellers, has also gone through such a stage, from exploration to independent research and development, and fully master patents. "We've stepped on almost every pit we've stepped on, but thanks to these experiences, we've learned a lot." Mr. Zheng, founder of Shenzhen Bolang Technology Co., Ltd., said.
Cognitive misunderstanding: Having a patent does not mean that it is not infringing
All sellers who have just entered the cross-border e-commerce industry, before finding out the platform logic and buyer needs, will choose to refer to the hot products of the platform, and then sell them, however, after the platform dividend period, the platform policy is becoming stricter, and the seller may inadvertently step on the red line.
Starry sky lamp due to the release of light to the wall and ceiling, showing the starry sky, nebula and other night sky effects, in order to create a sense of romantic atmosphere and gain the hearts of consumers, on Amazon has obtained good sales, long-term dominance of Best sellers.
(Photo courtesy of Bolang Technology/Screenshot from Amazon)
Mr. Zheng introduced that on November 3, 2018, BlissLights' first "Sky" ordinary starry sky lamp link was launched, and since then it has launched several upgraded products, which have achieved good sales. "After optimizing the original products, we also launched two products, the three-in-one starry sky lamp and the black bowl starry light in June and September 2019," Mr. Zheng said.
(Photo courtesy of Bolang Technology / Sky Starry Sky Lamp Patent, Patent No.: 8057045)
However, due to infringement, in April 2020, the three-in-one product was removed from the shelves. After understanding the specific situation, the company communicated with BlissLights and reached an agreement. Mr. Zheng told Hugo Cross Border, "After the three-in-one was removed from the shelves, we optimized the structure of the black bowl product and began to apply for a patent. In October, people from BlissLights also came to our company to collaborate and develop products, but for various reasons they did not make it happen. After learning about our Black Bowl products, we said that our products are not infringing. So our products continued to sell, and achieved good sales. ”
In April 2021, BlissLights again complained in large numbers about different shapes of starry sky lights on the platform.
(Photo courtesy of Bolang Technology/Part of the infringing starry sky lamp product picture)
In June, Black Bowl Starry Sky Light also received a notice of removal, and the U.S. patent for Black Bowl products also came down in July. Although it has been confirmed with the Federal Patent Office in the United States, the Amazon platform still has removed Bolang's products in part of the structural infringement.
(Photo courtesy of Bolang Technology/Infringing Patent)
"After the black bowl optimized the structure, we applied for a patent and obtained a certificate, although after appealing, we could not appeal back, but after the American lawyer's verification, we finally agreed with this judgment." Mr. Zheng said.
Although accepting this result, but for the early communication of BlisssLights said that Bolang did not infringe, and allowed to continue to sell the case of complaints about the black bowl starry sky lamp, Bolang company said that it did not understand, so Bolang company in the local court of San Diego, California, the United States to sue BlissLights company, Mr. Zheng said that under the premise of respecting intellectual property rights, but also to actively protect their own rights and interests, "Previously, some Chinese sellers in the case of infringement, only want to coordinate compensation, We also hope that Chinese sellers can actively take up legal weapons to protect their rights and interests under reasonable circumstances. ”
Since then, Bolang has paid more attention to patents and research and development work, and began to focus on the development of new products that completely circumvent Sky's patents, and confirmed with BlissLights that the new products have no infringement problems at all. At present, the patent of the product has also been in the publicity period and has been produced in large quantities.
"Regarding the new model, we have applied for more than a dozen different structures of starry sky lamp invention patents in the European Union, the United States, Southeast Asia, Australia and other countries and regions, we will respect intellectual property rights, but also pay attention to the protection of our own intellectual property rights, for infringement of our intellectual property rights, we will definitely do our best to crack down."
(Photo courtesy of Bolang Technology/Company's new products)
Mr. Zheng said that most Chinese sellers will encounter these two aspects of the problem, "these two situations are very common, one is direct imitation, which is bound to infringe, and the second is that the appearance is patented, but the structure is infringed." Compared with the common appearance infringement, it may be more difficult for the seller to realize the structural patent infringement, so the seller should pay special attention to the fact that although the appearance is completely different, if the other party has an invention patent, it means that the structure of the product and the operating principle of a function have been registered by the other party, which is also infringement. Many sellers will think that getting a certificate is the idea of amulet, but this idea is actually not correct, we have a patent, but it does not mean that it is not infringing. ”
Non-infringement, but also pay attention to the protection of property rights
"From infringement to mastering all patents, we have stepped on many pits, gone through a complete process, and learned a good lesson, we hope that sellers will no longer sell infringing starry sky lights, and do not trust some irresponsible manufacturers." Mr. Zheng told Hugo Cross-border that after experiencing the above stages, he also learned a lot from it: First, it is certainly not possible to directly copy other people's products; second, because cross-border e-commerce involves different countries and regions, and in the case of different legal systems in different countries, the probability of Infringement of Chinese products has increased a lot, which is the pit that sellers need to avoid in this regard; third, sellers must have a strong and reliable supply chain, and factories must have the ability to fully grasp independent research and development and innovation. Intellectual property rights are the foundation of products, there is no intellectual property rights, but only imitation, plagiarism, and then the hot explosion will collapse.
Mr. Zheng suggested that it is very necessary for sellers to lay out their own security barriers as soon as possible, and sellers must have the ability to create explosive models, and more importantly, the ability to control explosive models. In addition to doing a good job in routine operations, the problem of infringement cannot be ignored.
How to face infringement is a long-term problem faced by Cross-border e-commerce sellers in China. Whether it is infringement or infringement, Mr. Zheng said that Chinese sellers have improved a lot after so many years of growth and education, excluding some opportunistic sellers, most sellers have realized that in addition to legal and compliant operations, they also need to strengthen their awareness of intellectual property rights.
There are many patent infringement traps, Mr. Zheng suggested that sellers must do a good job of analysis and comparison when they are new, understand the different categories of patents in different countries, and conditionally consult local professionals to avoid risks in order to have no worries.
Some platforms have said that some sellers have said that they are "unintentional", so it is recommended that sellers should strictly check the selection of the upstream supply chain, first of all, they must conduct qualification assessment; secondly, they should have a deep understanding of the relevant brands of their own products, whether the design or brand, etc. must confirm whether they have been similar to the overseas application brand, to avoid any mistakes caused by unintentionality. Therefore, a product should consider whether there is a risk of infringement before a product is put on the shelves, and only by determining product safety can further research and analysis be carried out.
If you do receive an infringement complaint unintentionally, some insiders suggest that the seller should not panic, first check the other party's trademark patent application, if the other party provides patent details, confirm the product infringement, then directly remove the listing, and actively communicate with the complainant.
In the cross-border chain, factories and suppliers as a key link, but also to take responsibility, in the development and sale of new products, must be for the seller to do a good job, to provide sellers with assured, high-quality products.
Under the current situation that cross-border e-commerce is difficult to select products, the industry has also exploded in recent years with many phenomenal explosions with abnormal sales. It is not easy to create a blockbuster, and it is inevitable that it will be targeted by a small number of sellers who want to get something for nothing. So, how to effectively avoid infringement while protecting your brand from invasion? "In addition to not infringing on the rights of others, we must pay attention to the protection of our own intellectual property rights, use legal weapons to legally safeguard our rights when we encounter infringement, resolutely put an end to acts that want to exploit loopholes, and safeguard our legitimate rights and interests." Mr. Zheng suggested.
As for peers, Mr. Zheng said that although there is a competitive relationship among peers, it is also a relationship of moving forward together, and only by moving forward together will the industry develop better.
(Source: Ling Yiwu)
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