Incident Overview
In the online shopping mall operation, products are often suddenly suspended due to reports of infringement of intellectual property rights ( patent, design right, trademark right). In particular, since the platform takes the claims of the rightholder first, it is often the case that the seller is unfairly harmed.
This was a case in which the knee braces sold in Coupang were stopped on the basis of third-party design right registration.
<Product image for sale>
<Registered Design 1>
The suspension remained unresolved for an extended period, so the seller engaged IPLEX.
The problem the seller faces.
- - Repeated product suspensions posed a risk to the entire account.
- - Account suspension could cause serious losses.
- - The product already has a history of selling on other platforms for more than one year
Response Strategy
IPLEX prepared a patent attorney's opinion and explanatory statement addressing the following grounds:
- The existence of nullity of registered design – confirmation of multiple sales and reviews from 2023 – lack of novelty (Design Protection Act Article 33 (1))
- Entitlement to registration: evidence that the design was copied from an existing Chinese product raised issues under Article 3(1) of the Design Protection Act.
- Freely usable prior-art design: the widely known design could be used freely, supported by Supreme Court case 2016Hu878.
- Prior-user rights: sales before the filing date supported a statutory non-exclusive license under Article 100 of the Design Protection Act.
In addition, we have enhanced the pressure effect by detailing the legal disadvantages that a claimant can receive, rather than simply asserting.
result
- - Sales resumed within two days of submission of the opinion.
- - Coupang acknowledges the submitted evidence (sales history, reviews, overseas sales evidence, etc.) and legal basis
- - The seller returned to normal business promptly.
News
- A right holder's complaint is not necessarily well founded.
- Evidence is key.
- A reasoned professional opinion can support the response.
- Prompt action helps minimize losses.
Conclusion
A sales suspension can affect any seller. Objective evidence and legal reasoning can support reinstatement. IPLEX assists sellers in assessing the complaint and preparing an effective response.
This article reflects the information available when it was published. Contact us to discuss your circumstances.