We don't allow products or listings that infringe the intellectual property rights of others. This includes counterfeit products, replicas and unauthorised copies as well as unauthorised parallel imports.
What is the policy?
Items and listings that infringe the intellectual property rights of others are illegal and not allowed on eBay. Intellectual property rights include, for example:
Copyrights and related rights
Copyright law primarily protects works that are personal intellectual creations. This typically covers content, books, videos, films, paintings, plastic arts, as well as software, video games and databases.
Copyright and the resulting rights are typically owned by the creator of the work. The use of a work or parts of a work without the consent of the creator (e.g., by means of a licence) generally is not allowed.
Related to copyright are neighbouring rights. These rights protect certain performances that do not have to be personal intellectual creations. Such neighbouring rights may be owned, for example, by photographers, performers (such as musicians or actors), producers of audio recordings, broadcasting organizations, database makers or press publishers. Exploitation of the performance, in whole or in part, without the consent of the respective rights owner (e.g., by means of a licence) generally is not allowed.
Items or listings that infringe copyrights or related rights are not allowed on eBay. This includes:
- Unauthorised copies (e.g., of movies, music or software)
- Recordings of performances (e.g., of concerts, live shows or television broadcasts)
- Unauthorised imitations (e.g., of works of art)
- Unauthorised reprints (e.g., of trading cards or stamps)
- Articles on which protected works or services are affixed (e.g., articles printed with a third-party photograph)
- Third-party photos, images, texts or videos in the listing description without permission
Helpful links
Other policies that may be relevant in this context:
Trademarks
Trademark law protects signs which distinguish the goods or services of one company from those of other companies. Such signs can be words, personal names, images, letters, numbers, sounds, three-dimensional designs, as well as the shape of a product or its packaging and other design elements, such as colours and colour combinations.
In addition, trademark law protects geographical indications. These are names of places, regions, territories or countries as well as other signs used to designate the geographical origin of goods or services.
A trademark may only be used by its owner or with the owner’s consent (e.g., by means of a licence).
When branded goods have been placed on the market in the European Economic Area by the rights owner or with the rights owners’ consent, they can be resold within the European Economic Area without further consent. However, there may be legitimate reasons for a rights owner to oppose the sale - for example, if the condition of the goods has been altered or if it has deteriorated after the goods were placed on the market by the rights owner.
The sale of branded products that are advertised as original, but which are illegal copies ("counterfeits", "product piracy") is not allowed. The use of slightly altered brand names is also generally not allowed if they create the false impression that the listing or the item could originate from the trademark owner. Trademark infringement may occur even if the goods are expressly marked as a copy in the listing.
Items or listings that infringe the trademark rights of third parties are not allowed on eBay. This includes:
- Fake, copied or counterfeit goods under a protected trademark
- Items marked with a sign that is confusingly similar to a protected trademark (if applicable, also on the packaging)
- Genuine products that have not been placed on the market in the European Economic Area with the consent of the trademark owner (parallel imports)
- Use of a protected trademark in a misleading or excessive manner in the case of accessory items or spare parts
- Use of a protected trademark to falsely create the impression that there is an economic or organisational connection to the trademark owner (e.g., via information on the seller's account)
- Use of a protected trademark for inaccurate comparative advertising
- Disparaging, vilifying or unfairly exploiting the reputation of a well-known trademark
- Misleading use of a trademark as a keyword
Helpful links
Other policies that may be relevant in this context:
Designs
A design is the two- or three-dimensional appearance of a product or a part of a product. Design includes the lines, contours, colours, shape, texture or materials of the product or its ornamentation.
Designs can be legally protected if they are new (i.e., no identical design existed before) and have individual characteristics (i.e., differ from previous designs in their overall impression).
The rights owner is usually either the owner of the design as entered in the register of the competent office, e.g., at the EUIPO, or, in the case of an unregistered design, the designer who published the design.
The use of a design without the consent of the rights owner (e.g., by means of a licence) is generally not allowed.
Items or listings that infringe the design rights of third parties are not allowed on eBay. This includes:
- Items that copy or imitate a protected design
- Items whose overall impression does not differ from the protected design
- Original products that have not been placed on the market in the European Economic Area with the consent of the rights owner (parallel imports)
Helpful links
Other policies that may be relevant in this context:
Patents
Inventions meeting certain requirements may be protected by a patent. Patent protection always arises through entry in the register of the competent patent office. In principle, the inventor is entitled to the patent.
The patent confers on its owner the exclusive right to use the patented invention. Third parties are not allowed to manufacture or sell products which are protected by the patent. Whether a particular product infringes a rights owner’s patent is often not obvious.
Items or listings that infringe the patent rights of third parties are not allowed on eBay. This includes:
- Items that imitate a patented product
- Items that make unauthorised use of a patent
- Original products that have not been placed on the market in the European Economic Area with the consent of the rights owner (parallel imports)
Helpful links
Other policies that may be relevant in this context:
Utility model
A utility model is smiliar to the patent. It also protects inventions. As with the patent, utility model protection is only granted upon registration by the competent patent office.
In contrast to a patent, however, utility models are not examined by patent offices for their protectability of the invention. This makes it an unexamined right. If you have questions about a utility model, e.g., because you are aware of comparable older products, please contact the manufacturer of the product or a lawyer.
Like a patent, a utility model confers on its owner the exclusive right to use the subject-matter of the utility model. Third parties are not allowed to manufacture, sell or use a product that is the subject of the utility model or to import or possess it for these purposes without the consent of the rights owner. Utility models are subject to a shorter term of protection than a patent.
Items or listings that infringe the utility model rights of third parties are not allowed on eBay. This includes:
- Items which imitate a product protected by a utility model
- Items which make unauthorised use of a utility model
- Original products that have not been placed on the market in the European Economic Area with the consent of the rights owner (parallel imports)
Helpful links
Other policies that may be relevant in this context:
This policy applies to all types of items and listings.
If an item is infringing, the associated listing is also infringing. However, a listing can be infringing even if the offered item is allowed - for example, when the listing image is used without the consent of the copyright owner.
This policy provides information on which items and listings typically infringe the intellectual property rights of others and aren’t allowed on eBay. If you have any questions about whether an item or a listing may be infringing intellectual property rights, please seek legal advice.
Activity on eBay is required to follow this policy, the eBay User Agreement and all applicable laws, as well as respect the rights of third parties. If it doesn’t, eBay may take action consistent with applicable laws and the eBay User Agreement, and may even be legally required to do so. Such actions may include, as an example only: Removing the listing or other content, issuing a warning, restricting activity or account suspension.
Why does eBay have this policy?
This policy helps ensure that eBay users can trust our marketplace and that intellectual property rights of third parties are respected.
Frequently Asked Questions
I am a rights owner. How can I report a listing that infringes my rights to eBay?
We created the Verified Rights Owner Programme (VeRO) - opens in new window or tab so that intellectual property rights owners can report listings or items infringing their protected rights. Such listings or items are illegal, and it is in eBay’s interest to ensure that infringing items are removed from the site, as they erode the trust of buyers and good sellers.
Rights owners can also use the general reporting functionality to report listings and other content. However, eBay recommends participating in the VeRO programme, which is specifically tailored to rights owners.
I am a seller, and my listing was removed for not following this policy. What can I do?
