Intellectual property policy

Copyrights protect the creative works of an author or creator. They can cover literary works (such as books, poems, art, and software) and artistic work (such as music, videos, paintings, or photography). Using copyrighted material without permission of the rights owner can infringe on their intellectual property rights and is strictly prohibited on eBay.

In addition, neighbouring rights protect performances or productions by photographers, performers, producers, broadcasters, and publishers. Use of these performances or works without the permission of the rights owner can also infringe on intellectual property rights.

Items listed on eBay must not infringe on a copyright or related rights. 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., T-shirts printed with a third-party photograph)

The way your item is listed must not infringe on a copyright or related rights. For example:

• Using third-party photos, images, or videos without permission
• Using creative text copied from websites, catalogues, or advertisements without permission

Using copyrighted content in other ways on eBay may infringe intellectual property rights. For example:

• Using third-party photos in a profile image or feedback
• Using copyrighted music in an eBay Live event

Some examples of potential copyright infringements include:

• Image and text
  • Images or text copied from other websites or internet searches
  • Stock photos and text used without permission
  • Scans or text copied from catalogues or advertisements
  • Editing and using images that were copied from other websites or internet searches
• Media, software, movies, and paintings
  • Burning unauthorised copies of movies or music and selling the copies
  • Selling opened software subject to licensing agreements
  • CD-Rs or DVD-Rs that include multiple copies of books or images

A trademark is any word, phrase, symbol, design, or other combination (such as a brand name, slogan, or a logo) used to identify a company's goods or services. Geographical indications (e.g., names of places, regions, territories, or countries) used to designate the geographical origin of a good or service are also protected by trademark law.

Using a trademark or geographical indication without the permission of the owner can infringe on their intellectual property rights and is strictly prohibited on eBay.

Items listed on eBay must not use a trademark without permission. This includes:

• Listing items marked with a sign that is confusingly similar to a protected trademark (if applicable, also on the packaging)
• Listing a fake, copied, or counterfeit item, even if labelled as a copy

The way your item is listed must not infringe on one’s trademark rights. For example:

• Using trademarks or brand names in your listing if the product isn’t manufactured by or specifically compatible with that brand, including to increase views
• Using slightly altered brand names or phrases that create a false impression that the item or listing is affiliated with the trademark owner
• Adding third party logos to your listing images or description
• Disparaging, vilifying, or unfairly exploiting the reputation of a well-known trademark

Using trademarks in other ways on eBay may infringe intellectual property rights. For example:

• Using a third-party trademark in your username or shop name without permission, implying an organisational connection to the trademark owner
• Using a third-party trademark or logo in your profile image without permission

Some examples of potential trademark infringements include:

• Brand name misuse
  • A generic case made for an iPhone listed under the brand name "Apple"
  • Listing an adidas trainer and adding the brand name "Nike" to divert search results
• Logo misuse
  • Listing a branded item and adding that brand’s logos in your description or images without authorisation
• Trade dress
  • Listing an item that was not manufactured by Coca-Cola that has the contour design of the Coca-Cola bottle

A design is the visual appearance of a product, including lines, colours, shapes, and textures. Design rights can be legally protected if the design is new (i.e., no identical design existed before) and distinctive (i.e., differs from previous designs in their overall impression).

Use of a design without the rights owner's permission is strictly prohibited on eBay.

Items listed on eBay must not infringe on the design rights of third parties. This includes:

• Items that copy or imitate a protected design
• Items whose overall impression doesn’t differ from the protected design

An example of potential design right infringement includes:

• Listing a sofa that imitates the shape and textures of a sofa subject to a protected design right

A patent grants an inventor exclusive rights to their invention, allowing them to use it and prevent others from making, using, or selling the invention without permission. Patents can cover a wide range of inventions, including manufactured goods, machines, and various other items or processes.

A patent holder has the exclusive right to use their patented invention, so listing products that infringe on their patent is strictly prohibited on eBay. Determining whether a particular product infringes on a patent is often complex and not obvious. Therefore, it is important to consult with the right experts.

Items on eBay must not infringe the patent rights of third parties. This includes:

• Items that imitate a patented product
• Items that make unauthorised use of a patent

An example of potential patent infringement includes:

• Listing and selling a generic wireless earbud that uses a touch-control feature patented by a major tech brand

Like a patent, a utility model protects inventions and can be registered by the patent office in various jurisdictions. However, utility models aren’t examined by patent offices for the protectability of the invention and have a shorter protection period.

Listing or selling a product that is the subject of the utility model without permission is strictly prohibited on eBay. Like a patent, determining whether a particular product infringes on a utility model is often complex and not obvious. Therefore, it is important to consult with the right experts.

Items on eBay must not infringe on the utility model rights of third parties. This includes:

• Items that imitate a product protected by a utility model
• Items that make unauthorised use of a utility model

Counterfeit items are typically fake or unauthorised copies of real products, and often lower quality than the authentic item. These products commonly mimic a company's brand, logo, or distinct characteristics closely, resulting in potential infringements of the rights owner's intellectual property rights. 

Counterfeit items, unauthorised replicas, and copies of protected original items are not allowed on eBay. Such items are illegal and may infringe on third-party intellectual property rights.

You may list an item only if you are certain it is genuine and complies with the Counterfeit item policy. Listings must include photos showing the item clearly, from several different angles and in all relevant detail. Logos, or any other parts of the item, must not be hidden or blurred in the photos.

An example of potential counterfeit infringement includes:

• Listing a handbag that has a Burberry label on it but which wasn’t manufactured by Burberry

Parallel imports are genuine products that are sold in a country or region without the permission of the intellectual property rights owner.

Parallel imports can be considered intellectual property infringing in certain jurisdictions if the rights owner has not authorised the import or sale in that specific jurisdiction.

For example, if a branded handbag was intended for sale only in the United States and is then offered for sale to buyers in France, this may be intellectual property infringement. In contrast, when that branded handbag has been placed on the market in the European Economic Area by the rights owner or with the rights owners’ consent, it can be resold within the European Economic Area without further consent as long as it does not infringe for other reasons.

It is important that you ensure all listings and transactions comply with applicable laws in the jurisdictions you are listing in and posting to. Therefore, you are responsible for making sure your transactions are lawful in both the country where you are selling and the country you are posting to.

You can exclude countries you don't want to post to by setting up business policies for posting.

The Verified Rights Owner programme (VeRO) - opens in new window or tab allows intellectual property rights owners to report listings or items that infringe on their protected rights.

Rights owners can also use the general reporting functionality to report listings and other content. However, we recommend participating in the VeRO programme, which is specifically tailored to rights owners.

Sellers who need help with items that have been removed can learn more about intellectual property and listing compliance in our Seller Center - opens in new window or tab.

If you believe your listing was removed by mistake, you may appeal the decision through our internal appeals process. You may also contact the rights owner at the email address provided in the email we sent about the removal to request a retraction.

You may also have the right to have this decision reviewed under the applicable laws by a competent court or settlement body.

• Create your own content in a listing
  Write your own text and take your own photos for your listing. Don’t use text or images from other web searches, manufacturer websites, third-party product catalogues, or other sources without specific permission from the owner of the content. Doing so will result in copyright infringement.
   
• Use brand names appropriately
  If you’re selling a brand-name product, you can mention the brand name in your listing and include photos that you’ve taken of the item you’re selling. However, don’t suggest that you’re an authorised dealer/reseller if you aren’t. If you are selling a product that is made for a brand-name product, please add "fits/for" prior to that brand anywhere it is mentioned in the listing.
   
• Review the VeRO participant profiles - opens in new window or tab created by intellectual property rights owners
  We encourage intellectual property rights owners who report items through the VeRO programme to create a participant profile that explains their policies and procedures concerning infringing items. If you have questions or concerns about a specific item you’re interested in selling, check the VeRO participant profiles tab on the Intellectual property page in the Seller Centre to find the profiles created by rights owners.
   
• Use our product catalogue to create your listing
  If you’re creating a listing that has been added to the eBay product catalogue, you can take advantage of images and product details that are already available.
   
• Make sure the statements in your listing are accurate
  Make sure that all statements and claims in your listing are accurate and complete. Rights owners may report listings that contain false, inaccurate, or misleading claims about their brands or products.