Amazon Intellectual Property Policy

Amazon is dedicated to providing customers with the widest selection of goods on Earth and creating an amazing customer experience. Amazon does not allow listings that violate the intellectual property rights of brands or other rights owners.

This page provides information about intellectual property (IP) rights and common IP concerns that might arise when selling on Amazon. This is not legal advice. You should consult a lawyer if you have a specific question about your IP rights or the IP rights of others.

Copyright

1. What is a copyright?

   A copyright protects original works of authorship, such as videos, movies, songs, books, musicals, video games, paintings, technology-based works (such as computer programs), etc. Generally, copyright law is meant to encourage the creation of original works of authorship for the benefit of the public. To receive copyright protection, a work of authorship must be created by an author, and must have some amount of creativity. If you are the author of an original work, then you typically own the copyright in that work.

   Protection usually arises at the moment of creation of a work, without a need for a registration, certification or other formal act.

   In the UAE, there is a copyright register available to creators held and managed by the Copyright Department of the Ministry of Economy in the UAE. Registration ensures that there is a formally recorded dated of registration which helps to prove the date of creation. Copyright registration is optional and open only to Emirati nationals.

   In the UAE, copyright laws prohibit the unauthorized copying and use of original works, as well as the unauthorized importation, distribution and offering for sale of products.

2. How do I know if I own the copyright for one or more of the images I am using on the product detail page?

   A person who authors an original work usually owns the copyright for that work. If you take a photo of your product, you generally have copyright protection in the photo you took, and you can use that photo on your product product detail page to sell that product. However, if you find a photo on someone else’s website, you should not upload that photo to a product product detail page without the other person’s permission.

   Example: The owner of the Pinzon brand took the photos of the sheets shown below and owns the copyright in the images of the sheets. If a seller were to copy these images to sell their product on another product detail page, that seller could be violating the rights owner’s copyright in the images of the sheets.

   
   
   Note: When you add your copyrighted image to a product product detail page, you grant Amazon and its affiliates a license to use the material. Other sellers can list their items for sale on pages to which you have added your copyrighted images, even if you no longer sell that product. To ensure that you are not violating someone’s copyrights, make sure to upload only images or text that you have created yourself or for which you have the copyright holder’s permission to upload.

   Refer to the WIPO websites for more information about copyright basics and FAQs.

3. How do I know if I own the copyright for the product I am selling?

   It is important to make sure that the goods you are selling do not violate a copyright or you could lose your selling privileges and face potential legal consequences.

   You might be able to sell someone else’s copyrighted work on Amazon if you have received permission from the copyright owner or where you are reselling genuine, lawfully purchased physical items (such as a book or CD).

   Example: If you decide to sell a used copy of someone else’s book on Amazon, you are selling someone else’s copyrighted work. If you bought the book from the publisher or from an authorized distributor of the publisher or reseller in another country, then typically you are allowed to re-sell the copyrighted work.

4. Can designs also receive copyright protection?

   Trademarks may also benefit from copyright protection, particularly if the trademark is a logo, design or a three dimensional shape.

   Copyright, Trademark and Design Right protection can coexist.

Trademark

1. What is a trademark?

   A trademark is a word, symbol or design, or a combination of same (such as a brand name or logo) that a company uses to identify its goods or services and to distinguish them from other companies’ goods and services. Put another way, a trademark indicates the source of goods or services. Generally, trademark laws exist to prevent customer confusion about the source of goods or services.

   Example: “Amazon” is a trademark we use for many of our goods and services. Other Amazon trademarks contain both pictures and words, such as the “Available at Amazon” trademark.
   
   

   A trademark owner usually protects a trademark by registering it with a country-specific trademark office (being the Trademark Department at the Ministry of Economy in the UAE). Trademark protection is territorial by nature, i.e., the geographic scope of protection for trademarks is limited and depends on the place of registration: for example, a national trademark registration in the UAE does not give trademark protection in Saudi Arabia.

   In some cases, in the UAE, a person or company might have trademark rights based only on the use of a mark in commerce, even though the mark was never registered. Those rights are known as unregistered trademarks and come into existence only under very limited conditions.

2. What do trademarks protect?

   Generally, trademark law protects sellers of goods and services from the misappropriation of their trademarks by unlicensed third parties, in particular where there is potential to cause customer confusion about who manufactures, endorses or is affiliated with a particular goods or services.

   A trademark owner may stop others from using a particular mark (a) for goods or services which are identical to those for which the owner has registered his mark; (b) for goods or services that are similar to that of the registered mark if it is likely that customers may be confused (even if the mark used is not identical but only similar); or (c) if the Rights Owner’s mark has developed a reputation in the country in question and where use of the Rights Owners mark or similar mark may cause unfair competition or detriment to the rights owner's brand.

3. What types of trademarks are displayed on Amazon?

   Trademarks are often displayed on Amazon’s product detail pages in the form of product and brand names listed on a product detail page. For example, the trademark “Pinzon” appears in the brand name or “byline” portion of the product product detail page shown below. The “Pinzon” trademark also appears in the product name portion of the product detail page (“Pinzon Flannel Sheet Set – King, Sage”).

   
   

   The World Intellectual Property Organization offers resources to learn more about trademarks.

4. Do I always need the rights owner’s permission to use a trademark?

   Just because you are not the owner of a trademark, it does not necessarily mean that you cannot sell the rights owner’s product. If the product in question is genuine you are permitted to sell that specific product.

   Example: If you are selling a genuine Pinzon sheet set and you are advertising the product as a Pinzon sheet set, you are not infringing on the Pinzon trademark.

   However, note that the rights owner can prohibit the use of the mark if there exist legitimate reasons to oppose further commercialization of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.

   Almost all other unauthorized uses of a trademark constitute an infringement; if you are unsure whether your use violates someone else’s trademark, you should consult a lawyer before listing on Amazon.

5. As a seller, when can I use someone else’s trademark?

   Typically, a seller can use someone else’s trademark in the following circumstances:
   

   1. When selling authentic goods, a seller may use a trademarked name to list those authentic goods. For example, a seller who lists an authentic “Pinzon” product is not necessarily infringing on the owner of the Pinzon trademark because the seller is using the trademark to identify an authentic product.
   2. When using a trademarked word in its ordinary dictionary meaning and where it is not being used as a brand name.
   3. When making truthful statements that a product is compatible with a trademarked product. For example, if you offer a cable that is compatible with the Kindle e-reader, you can use the brand name “Kindle” to indicate that compatibility in the text of your product detail page. You cannot use a logo to indicate compatibility, only the brand name. Any statement you make about compatibility must be true, and relevant for the customer’s purchase decision (for example, if your product is actually compatible with all competitor products, it is not permissible to use the brands of these products, as the customer is not at risk of buying the “wrong” product without the compatibility statement).

      “Similar to” claims (such as stating that goods are “similar to Kindle” or “equivalent to Find”) may infringe trademark law, depending on the marketplace and circumstances. Seek legal counsel before making such comparisons.

   If you want to indicate the compatibility of your product with a product of a different brand in the product title, please build your product title as follows, taking also account of Amazon Brand Name Policy. If you do not apply this format to your product title, your listing may be removed as potentially trademark infringing.

   Title format for branded compatible products

   [Your Product’s Brand Name] + [Product Name] + "for"/”compatible with”/”fits”/”intended for” + [Brand of Main Product] + [Main Product Name] + (other product title elements, if applicable)

   Examples:

   • Xandu USB charging cable, compatible with AmazonBasics speaker
   • TonTon Sleeve intended for Kindle Fire

   Title format for generic compatible products

   "Generic" + [Product Name] + "for"/”compatible with”/”fits”/”intended for” + [Brand of Main Product] + [Main Product Name] + (other product title elements, if applicable)

   Example:

   Generic Replacement filter for AmazonBasics Waterfilter A3

6. How can I make sure that I am not violating trademark law when selling on Amazon?

   It is important to make sure that the goods you are selling, and the content of your listings, do not violate a trademark or you could lose your selling privileges and face potential legal consequences. When you decide to sell goods on Amazon, ask yourself the following questions:
   

   1. Are the goods I am selling from a reputable distributor/ or a registered commercial agent (in respect of which, please see more information below)?
   2. How did I acquire these goods, and will I be able to prove they are authentic if the question arises?
   3. Will the way I am describing these goods cause customer confusion (for example, would something about your product detail page for the generic sheet set cause customers to believe they are purchasing a Pinzon sheet set)?
   4. Did I use a brand name or trademark in a non-confusing and truthful manner to describe compatibility (generally allowed) instead of similarity (not allowed) and does the local law allow such use?

   The table below shows examples of correctly and incorrectly branded listings under Amazon listing policy:

   Listing title	Brand	Status of listing
   AmazonBasics Speaker	(blank)	Inactive listing due to incorrect Brand field. Because the Brand attribute is blank (not “AmazonBasics”), the listing title cannot imply that the product is an AmazonBasics product.
   AmazonBasics Speaker	AmazonBasics	Active listing, with correct Brand field use and acceptable title.
   Six foot USB charging cable, compatible with AmazonBasics speaker	(blank)	Active listing, with acceptable title and Brand field use, IF the charging cable is only compatible with AmazonBasics speakers and not also with all other electronic devices (if the cable is compatible with several brands but not all, it is acceptable to use the most important brand in the product title and list the others in the bullet points). Title indicates compatibility without implying that this is an AmazonBasics branded product; Brand field may be blank for generic product.
   Wireless Speakers with six foot USB charging cable, compatible with AmazonBasics speaker	Wireless Speakers Inc.	Active listing, with correct Brand Field use and acceptable title, IF the charging cable is only compatible with AmazonBasics speakers and not also with all other electronic devices (if the cable is compatible with several brands but not all, it is acceptable to use the most important brand in the product title and list the others in the bullet points).

   If you are not sure, you should consult a lawyer.

7. What is Counterfeiting?

   Counterfeiting is a specific type of trademark infringement. A counterfeit is an unlawful reproduction of a registered trademark, or a mark that is very similar to a registered trademark, on a product or packaging. Amazon does not permit the sale of counterfeit products.

   A lookalike item sold on a separate product product detail page without the improper use of a registered trademark is not a counterfeit, even though the item might look similar or identical to the trademarked product. However, lookalike products may infringe upon trade mark or other intellectual property rights, such as copyright or design rights, or constitute (in some countries) unfair competition/passing off.

Patent

1. What is a patent?

   A patent is a form of legal protection for inventions. An issued patent grants its owner the right to exclude others from making, using, offering to sell, selling or importing the invention into the country which granted patent protection for a fixed number of years.

2. Are there different types of patents?

   Not in the UAE. Other countries distinguish different patent types, though. For example, in the United States there are two principal types of patents: Utility patents and Design patents.

3. What is the difference between a patent, trademark, and a copyright?

   A patent is different from a trademark in that it protects an invention (such as a new machine) rather than a word or logo used to identify the source of the product (such as the brand name of the product). A patent is different from a copyright in that it does not protect the expressive content of a creative work like a book or a picture, but protects a specific invention, such as a new method of printing books or a new type of camera.

   The World Intellectual Property Organization offers resources to learn more about patents.

4. How can I make sure that I do not violate someone’s patent when selling on Amazon?

   The manufacturer or authorized distributor of a product might be able to assist you with patent-related issues. If you are unsure whether your content or product violates someone else’s patent, you should consult a lawyer before listing on Amazon.

Parallel imports and commercial agencies

1. What is a parallel import?

   A parallel import is a genuine product imported from another country without the permission of the intellectual property owner. Intellectual property rights owners (in particular trademark owners, copyright holders and their licensees) may try to prohibit you from importing or selling their goods in UAE, if you sourced them from outside the UAE.

   If you intend to list branded products or media items, for example on Amazon’s UAE marketplace which you source from another country, make sure that the products in question are genuine.

   Parallel import of goods sourced outside the UAE for sale in the UAE with the rights owner's consent could still affect customer experience if the non-UAE product differs from the local version in any way (for example, packaging, warranty coverage, product variations) and in particular you may find that the warranty that comes with the product may not be upheld by the original manufacturer. Consequently, it is essential to describe your product appropriately to avoid negative customer feedback.

2. What are commercial agencies and how could they impact me selling goods?

   It is possible for rights holders to appoint commercial agents in the UAE to act as their official importer and distributor for an entire brand or for certain products within a brand, in respect of all or a part of the UAE. That agent maybe eligible to register the commercial agency for the products covered. Additionally, this registration can be mandatory for certain products.

   If eligible, an effect of registering the agency agreement is that the agent is granted the exclusive right to import and sell the products for the first time in the UAE. Consequently, if a third party tries to import, distribute or sell a product which has not been sourced from the commercial agent in the territory that the commercial agency covers and for which there is a registration, the commercial agent may be able to stop those sales or further sales from being made, or even make a claim for the profits made from those sales (even where the product was sourced from an authorized supplier in another country).

   If you intend to list branded products on Amazon's UAE marketplace, and you or believe that the branded products are subject to a registered commercial agency agreement, then please seek legal advice to ensure that you are able to sell your products.

Utility models

1. What is a utility model?

   A utility certificate is another form of legal protection for inventions, but for so-called “minor inventions.” The registration system is similar to the patent system and similar to a patent, a registration number is provided for any invention that is covered by the utility certificate.

2. What is the difference between a utility model and a patent?

   In its basic definition, a utility model is very similar to a patent, except that the requirements for acquiring a utility model are less stringent than for patents (quicker registration without the examination of novelty, inventive steps and industrial applicability). The term of protection is also shorter than for a patent.

3. How can I make sure that I do not violate someone’s utility model when selling on Amazon?

   The manufacturer or authorized distributor of a product might be able to assist you with utility model-related issues. If you are unsure whether your content or product violates someone else’s utility model, you should consult a lawyer before listing on Amazon.

   Refer to the World Intellectual Property Organization https://www.wipo.int/patents/en/topics/utility_models.html for more information about utility models.

Designs

1. What is a design?

   A design is a form of legal protection for the appearance of the entire product or a part of it which results, in particular, from the characteristics of line, contours, colors, form, surface structure and/or materials of the product and/or its decoration. Any industrial or handicraft item including packaging, graphic symbols and typefaces qualify as a product. Parts of products that can be taken apart and reassembled can also be protected.

   Designs are territorial: A design owner usually protects a design by registering it with the International Center for Patent Registration in the Ministry of Economy in the UAE.

   The UAE does not have specific laws to protect unregistered designs. However, whilst a product may not benefit from unregistered design right laws, it is possible that its owner may be able to rely on other intellectual property rights to prevent sales, such as copyright, or trademarks.

2. How can I make sure that I do not violate someone’s design when selling on Amazon?

   The manufacturer or authorized distributor of a product might be able to assist you with design related issues. If you are unsure whether your content or product violates someone else’s design, you should consult a lawyer before listing on Amazon. The World Intellectual Property Organization offers resources to learn more about designs.

What to do if your account receives a warning or suspension

1. What happens when I receive a warning that my listing is being removed due to a report of intellectual property rights infringement? What if I own the rights to the intellectual property?

   If you receive a warning for infringement, you will have several options to appeal or dispute the claim:
   

   1. If you receive a warning for a product you never listed on Amazon, reply to the notification you received and let us know that you have never listed the reported product. We will investigate to determine if an error occurred.
   2. If you have an established relationship with the rights owner who submitted the complaint (license, manufacturing or distribution agreement, etc.), we encourage you to reach out to the rights owner and request that the complaint be retracted. If we receive a retraction from the rights owner, your content may be reinstated. The rights owner’s contact information is provided in the warning you received.
   3. If you believe that a rights owner, or Amazon, made an error when removing your product listing, reply to the notification you received and provide specific reasons as to why you believe a mistake was made. Provide any invoice or Order ID that demonstrates the authenticity of the product, where appropriate. We will then re-evaluate the notice and your content may be reinstated.

2. What do I do if I have received multiple warnings of intellectual property infringement?

   If you have received multiple warnings of intellectual property infringement and you believe you are selling authentic products, appeal via your Seller Central account with the following information:

   A list of the allegedly infringing ASINs and at least one of the following:
   

   1. Invoices proving the authenticity of your products; or
   2. Order IDs demonstrating product authenticity; or
   3. An authorization letter from the rights owner or registered commercial agent if applicable (that is not a forwarded email).

3. What do I do if my account has been suspended?

   If your account has been suspended as a result of rights owners submitting notices of intellectual property infringement against your products or content, you can provide us with a viable Plan of Action that includes the following information:

   
   
   1. The reasons why you were selling allegedly infringing products or uploaded allegedly infringing content, or both
   2. The steps you have taken to ensure that you are no longer infringing;
   3. How you will avoid infringement in the future; and
   4. Any other pertinent information

   You should send your Plan of Action via your account dashboard or reply to the account suspension notification that you received. We will evaluate your Plan of Action and determine if your account may be reinstated. Note that Amazon terminates the accounts of repeat infringers in appropriate circumstances.

4. What if I didn’t know I was violating someone’s intellectual property?

   Sellers are expected to follow the law and Amazon’s policies. Amazon takes claims of intellectual property infringement seriously. Even if a seller is infringing on someone’s intellectual property without knowledge, we will still take action and the seller’s account may receive a warning or be suspended. You should consult a lawyer for help to ensure that your business has the right procedures in place to prevent IP infringement.