In today's globalized era, the rapidly evolving landscape of e-commerce presents boundless opportunities for businesses, along with numerous challenges. Among these, patent disputes within cross-border e-commerce are a significant hurdle. In this domain, IPRTOP has adeptly solved many difficult problems for various clients, earning widespread trust and commendation.

This case involves several e-commerce companies in Zhejiang, which sell their products on Amazon. Their business has been flourishing in recent years. However, they were abruptly notified by Amazon to take down their products from the platform due to allegations of patent infringement. This situation represented a substantial setback for these companies Initially, they tried to communicate directly with Amazon themselves, but it was futile. Moreover, the complainant demanded them to pay millions of dollars in licensing fees, leaving the companies at a loss for an effective response. At this critical juncture, they sought assistance from IPRTOP. Fully comprehending the challenging circumstances faced by these e-commerce companies, IPRTOP swiftly initiated action on this project, deploying a team of experienced agents and lawyers.

First, IPRTOP conducted an invalidity analysis of the complainant’s patent, and found potent evidences to invalidate the involved patent's validity, a pivotal move since proving the patent's invalidity would undermine the infringement accusation. Patent invalidity analysis is intricate and demands not only a deep understanding of patent law but also specialized technical knowledge and extensive research expertise. Specifically, it involves in-depth study of the technical content of the involved patent, comprehensive and sufficient search of the prior art, comparison of the prior art and the technical scheme of the involved patent, etc. In this scenario, IPRTOP's patent team played a key role. They rigorously researched complainant’s patent and conducted thorough searches, eventually securing compelling evidences to invalidate the involved patent, laying a solid foundation for the subsequent negotiation.

Then, IPRTOP nominated XUE, Xiaofei, a lawyer with US practice experience, to negotiate with the complainant’s lawyer. This negotiation was a challenging game. First, lawyer Xue needed to fully understand and master the US patent law and its litigation procedure, so as to have enough theoretical support in the negotiation. Second, lawyer Xue required adaptable communication and negotiation skills to effectively articulate our client's demands and address various challenging queries from the opposing side. During the negotiation, lawyer Xue leveraged his extensive practical experience and profound professional knowledge. He successfully persuaded the complainant to withdraw the complaint by presenting facts, explaining laws and enlightening interests, after many rounds and long verbal battles. Furthermore, lawyer Xue also prompted the complainant to sign an agreement with our client, guaranteeing not to make further complaints. Throughout the agreement drafting process, we meticulously formulated each clause to safeguard every reasonable interest of our clients and ensure the complainant would not pursue further complaints. It turned out that the agreement we signed was legal and effective, and fully protected our client’s rights and interests.

Finally, IPRTOP's client successfully circumvented the burden of expensive licensing fees, and their products were re-listed on Amazon, ushering in a new development of their business. This case stands as a typical example among the numerous cross-border e-commerce protection cases that IPRTOP has adeptly handled.

In recent years, the marketing risk of Chinese cross-border e-commerce on Amazon has progressively escalated. On the one hand, the Amazon's increased scrutiny and actions against Chinese cross-border e-commerce have led to the delisting of their products or stores. On the other hand, third-party complaints have increased, mainly manifested as intellectual property infringement complaints and unfair competition complaints. These emerging challenges and hurdles are increasingly shaping the landscape of Chinese cross-border e-commerce engagement on Amazon. They also underscore the urgency for these businesses to prioritize intellectual property protection and formulate effective defense strategies. It is the mission and responsibility of the European and American department of IPRTOP to escort customers overseas.