eBay VeRO programmeHow to get eBay to enforce

your IP rights for you

Kingston Round Table of Inventors21 May 2014

J. P. Peel & Co LtdIP protection - a commercial approach

eBay VeRO programme

• What is it?

• How do I use it?

• What happens?

• What can the infringer do?

• Summary

J. P. Peel & Co LtdIP protection - a commercial approach

VeRO – What is it?

• Verified Rights Owner programme

• Anti-counterfeiting

• Free

• Fast

• Ideal for stopping small scale infringement

J. P. Peel & Co LtdIP protection - a commercial approach

What if I am an IP rights holder

Follow instructions here: http://pages.ebay.co.uk/help/tp/vero-rights-owner.html

which are to:

1. Fill out and file a Notice of Claimed Infringement (NOCI) form; and

2. Set up About Me page on eBay with information about your IP rights.

J. P. Peel & Co LtdIP protection - a commercial approach

What is a NOCI form?

• Statutory Declaration

• Identification of:

– IP owner;

– IP rights; and

– infringing listings.

• The Notice of Claimed Infringement form can be downloaded here: http://pics.ebaystatic.com/aw/pics/uk/vero/UK_NOCI26-01-10.pdf

J. P. Peel & Co LtdIP protection - a commercial approach

What eBay send you

“We are pleased to inform you that the following listing(s) you reported have been removed from eBay in response to the Notice of Claimed Infringement you recently sent:

[eBay seller name] [eBay listing ID number]

We have notified the seller and all participating bidders that the listing(s) has been removed due to your request.”

J. P. Peel & Co LtdIP protection - a commercial approach

What the infringers receive I

J. P. Peel & Co LtdIP protection - a commercial approach

What the infringers receive II

“Dear …, Thank you for your recent listing on eBay. The rights owner, …, notified eBay that this listing breaches intellectual property rights. When eBay receives a report of this type of breach, we remove the listing to comply with the law.

Questions about the specific violation should be addressed to [email address of rights owner]”

J. P. Peel & Co LtdIP protection - a commercial approach

What the infringers receive III

“Unfortunately, the following item(s) breached one or more of our policies and had to be removed from the site:

[eBay listing ID no – Product description]

Any associated fees have been credited to your account and any bidders on this item have been notified.”

J. P. Peel & Co LtdIP protection - a commercial approach

What if a sale has already been made?

• eBay are reported to take down completed auctions and send emails to buyers informing them:

– they have purchased infringing goods; and

– advising them that they should file a PayPal dispute.

J. P. Peel & Co LtdIP protection - a commercial approach

What can the infringer do?

• They may email you directly - be careful how you respond because of the unjustified threats provisions.

• If the infringer disputes the removal of the listing, they may file a Counter Notice but onlyif the infringed rights relate to copyright.

J. P. Peel & Co LtdIP protection - a commercial approach

What is a Counter Notice?

• A statement under perjury that the listing was removed by mistake.

• Consent to payment of damages and court costs if the statement is false.

• Consent to the jurisdiction of a US court.

J. P. Peel & Co LtdIP protection - a commercial approach

What happens next?

• eBay will forward the Counter Notice to you and inform you that the listings will be reinstated after 10 business days if you don't inform them that you have filed an action seeking a court order to restrain the infringer from relisting the items.

J. P. Peel & Co LtdIP protection - a commercial approach

Summary

• VeRO procedure is a quick and effective way to deal with infringers.

• Best to use it with registered IP rights such as patents, registered designs and trade marks.

• Contact James Peel of J. P. Peel & Co Ltd on james@jppeel.co.uk and 07747 454049 to discuss protection of your IP.

J. P. Peel & Co LtdIP protection - a commercial approach