OHAANSZ Intellectual Property Policy
OHAANSZ is dedicated to providing customers with the widest selection of goods on Earth and to creating an amazing customer experience. OHAANSZ 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 OHAANSZ. 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.
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.
How do I know if I own the copyright for one or more of the images I am using on the 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 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 detail page without the other person’s permission.
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 OHAANSZ 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).
Can designs also receive copyright protection?
In the UAE, the dual nature of an industrial design as being both a functional and aesthetic creations means that they are also protected by copyright. So be aware that any product design may also be protected by copyright, and therefore may not be copied freely.
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.
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: “OHAANSZ” is a trademark we use for many of our goods and services. Other OHAANSZ trademarks contain both pictures and words, such as the “Available at OHAANSZ” 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 are 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.
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 Owners brand.
What types of trademarks are displayed on OHAANSZ?
Trademarks are often displayed on OHAANSZ’s product detail pages in the form of product and brand names listed on a product detail page.
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. 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 OHAANSZ.
As a seller, when can I use someone else’s trademark?
Typically, a seller can use someone else’s trademark in the following circumstances:
Ø When selling authentic goods, a seller may use a trademarked name to list those authentic goods.
Ø When using a trademarked word in its ordinary dictionary meaning and where it is not being used as a brand name.
Ø You may be able to make a truthful statement that a product is compatible with a trademarked product
How can I make sure that I am not violating trademark law when selling on OHAANSZ?
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 OHAANSZ, ask yourself the following questions:
Are the goods I am selling from a reputable distributor/ or a registered commercial agent (in respect of which, please see more information below)?
o How did I acquire these goods, and will I be able to prove they are authentic if the question arises?
o Will the way I am describing these goods cause customer confusion.
o 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?
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. OHAANSZ does not permit the sale of counterfeit products.
A lookalike item sold on a separate 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.
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.
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.
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.
How can I make sure that I do not violate someone’s patent when selling on OHAANSZ?
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 OHAANSZ.
Parallel imports and commercial agencies
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 OHAANSZ’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.
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 OHAANSZ'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.
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.
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.
How can I make sure that I do not violate someone’s utility model when selling on OHAANSZ?
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 OHAANSZ.
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.
How can I make sure that I do not violate someone’s design when selling on OHAANSZ?
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 OHAANSZ. The World Intellectual Property Organization offers resources to learn more about designs.
What to do if your account receives a warning or suspension
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:
If you receive a warning for a product you never sold on OHAANSZ, reply to the notification you received and let us know that you have never sold the reported product. We will investigate to determine if an error occurred.
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.
If you believe that a rights owner, or OHAANSZ, 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.
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:
· Invoices proving the authenticity of your products;
· Order IDs demonstrating product authenticity;
· An authorization letter from the rights owner or registered commercial agent if applicable (that is not a forwarded email).
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
The reason(s) you were selling allegedly infringing products and/or uploaded allegedly infringing content.
· The steps you have taken to ensure that you are no longer infringing.
· How you will avoid infringement in the future.
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.
What if I didn’t know I was violating someone’s intellectual property?
Sellers are expected to follow the law and OHAANSZ’s policies. OHAANSZ 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.
All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on this Site are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without our written permission. Misuse of any trademarks or any other content displayed on the Site is prohibited.
We will not hesitate to take legal action against any unauthorized usage of its trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.