As an e-commerce seller, it is important to be concerned not only with product optimisation and marketing, but also with the legal side of online sales. Intellectual property, trademark rights and platform rules can pose hefty obstacles if you don't take them seriously. In this blog, we discuss the main legal concerns and provide practical tips to avoid problems.
The three main legal areas
When you sell products on platforms such as Bol.com and Amazon, you may have to deal with intellectual property rights. This covers three main areas:
1. Patent law - Protection of innovation
A patent protects how a product works. If a product has a unique technology or function, you are not allowed to simply copy or sell it. Example: You cannot counterfeit a coffee maker with a patented milk frother without permission.
🔹 Tip: Always check via Google Patents Whether there is a patent on a product before you sell it.
2. Design right - Protection of design
The appearance of a product, such as its shape, colour or unique elements, may be protected under design rights. If your product looks too similar to an existing protected design, you could face legal trouble.
🔹 Example: Sunglasses that are identical in shape and colour to a well-known designer brand may violate design rights.
🔹 Tip: Use the database of the Benelux Office for Intellectual Property (BOIP) to check whether a product design is registered.
3. Trademark law - The use of brand names
You should not just use well-known brand names in your product title or description. This includes names often seen as generic terms, such as 'Jacuzzi' or 'Luxaflex', which are actually registered brand names.
✅ Allowed: "This charging cable is suitable for iPhone 12 and newer."
❌ Not allowed: "This iPhone charger is a cheaper alternative to Apple."
🔹 Tip: Check via the BOIP trademark register Whether a brand name is protected before you use it.
How to avoid legal problems?
1. Check intellectual property before sale
Before offering a product, it is crucial to check that it is not covered by patent, design or trademark rights. Do this through the platforms mentioned such as Google Patents and BOIP.
2. Be careful with brand names in ads
If you sell products that are compatible with well-known brands, be precise in your description. Avoid suggestive terms such as "better than" or "alternative to", as this can trigger legal claims.
3. Only use royalty-free images and texts
Copying product descriptions or images from other sellers can not only jeopardise your account, but also bring legal claims. Make sure you use your own unique content.
4. Keep up to date with platform rules
Bol.com and Amazon change their policies regularly. Follow updates and read conditions carefully to avoid fines or product removal.
What happens if you make a mistake?
A violation of patent, design or trademark rights can have serious consequences:
– Fines: You may have to pay a legal claim or damages.
– Product disposal: Bol.com or Amazon can take your product offline without prior warning.
– Account suspension: Repeated violations (strikes) can lead to a permanent ban on sales through the platform.
Tip: In doubt? Seek legal advice before offering a product.
The role of Bol.com and Amazon
Platforms like Bol.com and Amazon do not always check whether your products comply with legislation. But if a complaint comes in from a brand owner or another seller, they can take immediate action. This could mean that your product is taken offline or you receive a warning.
What can you do if you get a warning?
- React immediately: Show that you are serious about the problem.
- Remove the product or modify the listing: Make sure you do not re-offend.
- Seek legal help: In some cases, a lawyer can help avoid a suspension or fine.
Additional legal tips for e-commerce sellers
Learn the basics of e-commerce law - Knowledge of the law can prevent many problems Follow news about e-commerce and legislation.
Seek legal advice when in doubt - Many specialised lawyers can help you with specific intellectual property questions.
Keep an eye on laws and regulations - Laws and platform rules are constantly changing. Stay informed to avoid fines and sales problems.
Conclusion
E-commerce can be hugely profitable, but without legal knowledge you risk claims, product removals and account suspensions. By researching intellectual property and trademark rights in advance, you avoid problems and build a stable, reliable online business.
