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Amazon Launch in Australia - Intellectual property issues to consider

News Alert 08 December 2017

Last week, US online retail giant Amazon launched its Australian operations. Amazon is planning for sales of millions of Australian brands, with more products and services to be regularly added. Along with the inevitable shake-up of existing retailer-consumer dynamics, the launch of Amazon brings with it a multitude of intellectual property issues that retailers need to be prepared to protect themselves against and proactively address. The issues retailers should pay particular attention to are wide-ranging and include:

  • ‘Substitute selling’ can arise in the online forum, where alternate products are sold to customers instead of genuine brands. Intellectual property issues associated with this include passing off and trade mark infringement.
  • It is important when selling products online that retailers ensure that their company has protections in place that can be relied upon in the case of intellectual property infringement.
  • Strategic design of online listings, including the selection of photographs and description of products can be used to protect your intellectual property and support action against infringement if it becomes necessary.
  • Compiling evidence is crucial if you wish to enforce your rights in cases of intellectual property infringement. Proper collection and preservation of supporting documentation should be thorough and systematic.

If you are a retailer thinking about listing your products on Amazon and have any queries about the above issues please contact Jennifer Huby, Bill Hickey or Jasmine Blight.

Jasmine Blight, Associate together with Aidan Parsons, former Legal Counsel at UK based home and garden products manufacturer, Bonnington Plastics, will be hosting a presentation in the new year explaining what you need to know about the intellectual property issues which may affect your products and brand in the wake of the launch of Amazon in Australia. Further details to follow!


Jennifer Huby, Partner
Sydney

Bill Hickey, Partner
Brisbane

Jasmine Blight, Associate
Brisbane

News Alert 08 December 2017
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