Fyndiq has a zero-tolerance policy against the sale of products that violates someone's copyright, trademark, or other intellectual property rights. In connection with this policy, Fyndiq is committed to providing ways for third parties to notify Fyndiq of alleged violations of their intellectual property rights, this by offering easy access to a removal request functionality on site.
According to Fyndiq’s General Terms & Conditions for Merchants, Fyndiq has a take down policy on all products that Fyndiq have reason to suspect is violating third party rights. The agreement also supports removal or discontinuation of services to merchants who repeatedly violate those rights.
Parallel importation means that an importer, in addition to the general agent, takes in an intellectual property-protected product, usually a branded product, and sells it on the domestic market without the general agent's consent.
The importer can, for example, buy the goods in a low-price country and then sell them, at prices below the general agent's, in a country with a higher price level. It can also be about importing a product bought on the open market in one country for the purpose of selling it in another country where the product is already sold but at a more expensive price. In this way, the parallel importer intends to make money on the difference. The basis for parallel imports is the price differences between different markets for the same product. This is usually a result of the person selling the product in the first instance not wanting to sell it below a certain price in the market where the product is most expensive.
In the European Economic Area, the "EEA area" or "EEA" (all 27 EU countries plus Iceland, Liechtenstein and Norway), parallel imports are permitted but it is not permitted to import goods from outside the EEA without the permission of the trade mark proprietor. or the manufacturer.
If the right holder has the right to prohibit you from selling their goods within the EEA, the same prohibition applies even if the right holder distributes the same product type within the EEA or does not distribute it within the EEA, as long as he / she holds the intellectual property rights to the product within the EEA.
For example, if you intend to list branded goods or media items on Fyndiq's marketplace that you buy outside the EEA or from unofficial channels within the EEA area, you should therefore seek legal expert advice and ensure that the rights owner does not oppose parallel import of the product.
It is therefore important that you make sure to only list products on Fyndiq's marketplace that you have either imported yourself with the right holder's consent, or that you have purchased - directly or indirectly - from a supplier who has been authorized by the right owner to import the products into the EEA. area (eg a subsidiary of the right holder or an EEA-authorized distributor). Please note that if the right holder questions your sale of products from outside the EEA, you must prove that these were imported into the EEA with the right holder's consent. Therefore, remember to keep invoices, authorizations, certificates, etc. for these products.
Parallel imports of goods acquired outside the EEA for sale within the EEA with the consent of the right holder can still affect the customer experience if the product that is not from the EEA area in any way differs from the EEA version (e.g. packaging, warranty coverage, product variation). Describe your product appropriately to avoid negative customer feedback.
Penalties & fines
Below is a chart of the different infringement types and the fines for each article uploaded:
|Counterfeit products (fake copies)||1000 SEK|
|Trademark infringement (use of protected brand/trademark in ad or on the physical product)||500 SEK|
|Copyright infringement (stolen image or description)||500 SEK|
|Design infringement (shape, configuration, pattern or ornamentation)||500 SEK|
|Patent infringement (protection of invention)||
If you as a merchant infringe on the intellectual property rights of others:
- Fines on each article uploaded may be issued
- In case a rights holder imposes an infringement fine towards Fyndiq, we have support from the Fyndiq's General Terms & Conditions for Merchants to draw the cost from your future payments
- You may also be temporarily or permanently suspended depending on the level of violation. We perform a separate assessment in each individual case.