Ecommerce has boomed in the past decade and doesn’t seem to be slowing down. While merchants have had no trouble keeping up with demand and discovering new channels to sell through, the same can’t be said for regulation and law enforcement.
Intellectual property (IP) infringement is a common problem in this space, but IP protection is ironically an overlooked topic. Online merchants need to take precautions when it comes to protecting their original work. Otherwise, the consequences can be detrimental to their livelihood.
Why is IP infringement a problem now?
IP infringement is not a new symptom of ecommerce. Brick and mortar businesses have engaged in battles over IP long before the Internet even came into existence. However, with ecommerce’s ability to connect buyers and sellers globally, it has also enabled theft and imitation worldwide. The problem is no longer confined to a single physical location.
Fighting it alone isn’t an option.
The first layer of difficulty is actually finding the infringers. In most cases, they advertise directly to consumers and do not allow their pages to be crawled by popular search engines for listing. In the chance that they’re uncovered, the simple fact that they operate online also guarantees some level of anonymity.
In the case that an infringer is successfully tracked down, the next difficulty is actually enforcing the rules. IP law is different in every country and bringing it to court is often a time consuming and expensive process. Alternatively, sellers can simply report the instance to the ecommerce platform which typically cooperates and takes down the product but this does little to no good if the infringer just reposts.
Why should you be concerned?
As a business owner, your competitive advantage is often the product itself. Without IP protection to safeguard your ideas, your brand can take a big hit and your business will ultimately feel the consequences.
It is extremely unlikely that infringers will take the same care and precaution to provide customers with an excellent product and experience. When they knock off and sell your design on inferior products along with unsavory customer service, the customers are none the wiser and will attribute that terrible experience to your brand.
IP protection actually adds value to your brand and business.
Protecting your ideas means you get to control the quality and quantity of distribution. When consumers know they can trust your brand for unique high-quality products, that increases your value by simple supply and demand rules.
We can make the argument that counterfeiters don’t make luxury brands any less valuable. The fact that there are imitators is almost a compliment to the brand’s success. We beg to differ. Luxury brands have been around for decades and shoppers who don’t buy directly from them are aware that they’re taking on the risk of purchasing counterfeit goods. While this doesn’t impact the brand itself, it does directly hit their bottom line.
How can you protect your business?
Here are a few steps you can take ASAP to ensure your legal rights if you fall victim to IP theft.
1. Register your IP
Registering your intellectual property makes it easier for you to defend against imitators. The World Intellectual Property Organization (WIPO) offers a directory of offices for merchants to register in applicable countries.
2. Secure your brand assets
Prevent imitators from hijacking your brand by registering domain names that relate to your brand. If you’ve successfully registered any of your content or brand assets, be sure to include a trademark or copyright symbol where applicable.
3. Use Dreamship for POD fulfillment
The Dreamship system is uniquely equipped with an IP tracker that uses data from Google Visual to scan every uploaded design. This process happens on a daily basis to ensure the system is clear of any IP infringing materials. If infringing material is detected, we flag the design and it is removed directly from the store.
Conclusion
Ecommerce will only continue to grow, so too will the problem of IP infringement. While regulators from different countries are slowly taking steps to combat it, it currently falls on business owners to protect their interests. Online merchants should take every precaution to ensure their brand and business survives and thrives in the long-term.