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How can I list without infringing intellectual property

Avoid complaints and learn how to list without infringing intellectual property rights.

The intellectual property rights are resources that a person or company has to protect its brands, logos, literary and artistic work, design, images or inventions, among other creations.

That’s why in Mercado Libre we have rules that prohibit offering counterfeit products or including content in your listing that makes inappropriate use of trademarks or violates a copyright.

Intellectual property rights are the legal protection that a person or a company obtains over its original works of art, creations, inventions or symbols used to identify their goods or services. 

Some examples are:

  • Trademarks 
  • Original photos or images 
  • Literary and artistic works 
  • Protected two-dimensional or three-dimensional designs 
  • Patented inventions
  • Performances, productions or access to protected content
  • Plant varieties.


At Mercado Libre, we protect intellectual property rights, that is why it is prohibited to offer counterfeit or pirated products, or include in the listings content that infringes third-party rights.

All the listings that infringe our intellectual property policies will be cancelled or paused. This will also affect your synchronized listings, both in our list as in the Catalog of products, as well as in variations if there are any.

To increase the exposure of your listings, it is important to avoid infringing third parties intellectual property. Therefore, we recommend to:

 

Always offer original products

The rule is clear: it is forbidden to offer counterfeits, imitations, copies or replicas of branded products.

Tip: always keep the purchase invoice until the product is successfully sold. You will need it to prove the authenticity of your product if it is reported for being a counterfeit.

Use third-party logos or photos only if you are authorized to do so

Logos or photos could be included in your listing only if you are authorized or licensed to use these registered trademarks or copyrights. Otherwise, you would be infringing intellectual property.

Note that the authorization must be in writing so that you can attach it in your response if the right owner reports your listing.

 

Make trustful statements if your product is compatible with a trademarked product and specify if it is generic or non-branded

When listing products of this type, add the word "generic" in the brand attribute of the product specification sheet.

Tip: do not imply that you are an official distributor of a brand if you do not have the respective authorization.

In order to list products using third parties brands, please note:

In the title: 

  • If your product is compatible with other brands, use words like "for" or "compatible with". Additionally, include the original brand name of the product you offer or specify if it is a generic product. Please note that once you have completed a sale, you won't be able to edit the title of your listing.
  • Use a simple structure: brand + model + product + relevant specifications that help identify the product—for example,
    • Phone14 Pro Max Mobile Phone 128GB, 6GB RAM.
  • Do not use words such as "like", “copy”, "similar to", "equal to", "identical to", etc. to refer to other brands.

 

In the product specification sheet:

  • Specify the real brand in all the corresponding fields of the product specification sheet. By "real brand" we refer to the brand that identifies the manufacturer of the porduct you are offering.

Also, make sure to match  the information in the title, description, product specification sheet, and photo, always showing the brand of the product you are offering.

Tip: avoid using words such as "similar to", "like", "identical to" or "replica" to refer to third parties’ trademarks.

Avoid logos or brands in customized products

If you offer products with the option of being customized by the buyer, avoid using third-party logos or trademarks if you have no authorization to do so.

Create your own content

When creating your listings, remember: 

  • To take your own photos. Check out some tips to take good photos
  • Do not add third-parties’ logos or trademarks in the photos if you edit the images in your listing.
  • To write your own description. If you copy the description of a product or, for example, copy a book synopsis in your listing, you may infringe copyrights.

Tip: If you download photos from the internet, you may infringe third-parties’ copyrights.

How to deal with intellectual property complaints

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