Intellectual property

What is intellectual property?

Intellectual property is the collective term for the ownership of 'intellectual creations' such as designs, symbols, logos, literary and artistic works, names, and images used when selling an item. It is important that customers can rely on authentic, original items where the partner has met all obligations regarding intellectual property.

Guidelines have been created that items and their associated content must meet to be sold as branded items. You can find these guidelines on this page. This way, together we prevent misleading information from appearing in the content.

Brand Rights

If you use a registered brand without the brand owner's permission, it constitutes brand infringement. Brand infringement occurs not only when the brand name is used for the same type of items, but also when the brand name is mentioned in the title.

For example, it is prohibited on the platform to:

• In the title or item description, use phrases like ‘inspired by’, ‘our impression of’, ‘based on’, or ‘similar to’, or a comparable description, followed by a brand name or branded item. Examples:

- Stating in the title that a princess dress is inspired by Disney's Frozen

- Referring to the name or scent of a brand perfume when you are not selling that brand of perfume

• Show the branded item that is the source of inspiration in the images. Example:

- Posting an image of the brand perfume that inspired your perfume

Counterfeiting

Counterfeiting occurs when both the item name and other item characteristics are copied.

If you use a registered brand without the brand owner's permission, it constitutes brand infringement. Brand infringement occurs not only when the brand name is used for the same type of items, but also when the brand name is mentioned in the title.

For example, it is prohibited on the platform to:

• In the title or item description, use phrases like ‘inspired by’, ‘our impression of’, ‘based on’, or ‘similar to’, or a comparable description, followed by a brand name or branded item. Examples:
  - Stating in the title that a princess dress is inspired by Disney's Frozen
  - Referring to the name or scent of a brand perfume when you are not selling that brand of perfume

• Show the branded item that is the source of inspiration in the images. Example:
  - Posting an image of the brand perfume that inspired your perfume

The terms counterfeit, imitation, and fake are often used interchangeably. For clarity, we will use 'counterfeit' as the term in this policy.

Here are some examples of counterfeit items:

• Items that are an imitation of a branded item or a protected design.
• An image of an artist used without their permission.
• An illegal copy of a game, movie, music, or software.

To jointly offer customers the best quality and service, and to prevent unfair competition on the platform, we believe it is very important to actively combat the offering of counterfeit and imitation items.

Selling counterfeit items is prohibited by law. When you sell counterfeit items, you infringe upon the intellectual property of another person or organization. Therefore, all items offered via bol must be original and authentic.

It is every partner's responsibility to offer only original, authentic items on our platform. This means you must check yourself if the item you want to sell is original. Please adhere to the following rules:

• Only purchase items from reliable suppliers.
• Ensure that branded items have a GS1-registered EAN.
• Ensure you sell branded items with their original EAN.

As a partner, it is your responsibility to be aware of the different forms of counterfeiting and the applicable legislation.

At bol, we work closely with manufacturers, brand owners, licensors, licensees, content owners, suppliers, partners, industry organizations, and anti-counterfeit organizations to detect counterfeit product ranges and take action against them.

bol investigates reports of counterfeit items from the parties mentioned above, as well as customer reports. For the investigation, we may ask you to provide documents to assess the authenticity of the item, such as:

• Purchase invoice.
• Detailed photos of the item or its packaging.

If there is sufficient evidence to prove counterfeiting, we will immediately remove these items. We will contact the infringing partner about the consequences for their policy points. If you do not follow the policy, it may result in the closure of your seller account.

If necessary, bol will actively cooperate with investigations from government agencies such as the police and customs. This also applies if the intellectual property owner decides to take further legal action.

Importing authentic goods from outside the EU can also be considered an infringement of intellectual property (and thus treated as counterfeit) if the brand owner/manufacturer has not given permission to the partner to sell them in Europe.

For example: independently importing a Pokémon plush toy from China is not allowed without permission from The Pokémon Company or the holder of the Pokémon license in Europe. As a partner, you are responsible for requesting this permission. You must be able to provide proof of this permission.

Counterfeit items can be reported via the Notice and Take down procedure. These reports are handled as quickly as possible.

Copyright protects original creations like books, films, music, and software. Copyright law states that only the creator of a work may distribute, publish, or copy it. Because of this legislation, it is not permitted to sell via bol items that infringe on the copyright of others.

Copyright protects all original creative works such as books, films, music, photos, paintings, and so on. This means that others may not use these works or parts of them without the creator's permission. If you sell items on our platform, you must check that they do not infringe copyright.

There are a few exceptions, such as reselling an item that has already been placed on the market by the creator. However, generally, you are responsible for carefully checking whether your product range may be copyright protected.

Ask for permission if needed
If you are not the creator of, for example, a photo, piece of music, game, or film, then it is up to you to decide whether you are using someone else's copyright for an item and if permission for its use is required.

Practical examples
As a partner selling via bol, it is important that you are aware of what copyright and intellectual property rights are. This affects the items you sell.

We have listed a number of common situations where you may encounter copyright or third-party rights:

• You want to sell a canvas print, poster, T-shirt, duvet cover, mug (etc.) depicting a scene or character from a film/series/game.
• You want to sell a retro game console with pre-installed games.
• You want to sell a new item via bol and are looking for a suitable image via Google.

Do you see that an item does not comply with copyright or other rights? You can report this via the Notice and Take Down procedure.

Design right is a form of intellectual property right that applies to both designs and drawings. Unlike copyright, design right requires registration to retain the exclusive right to use it and to offer protection against attempts by others to copy the same design.

A design or drawing concerns the appearance of a new creation or part of it, which is unique and has its own character. This can apply, for example, to new headphones, a watch, a coffee machine, a clothing item, or a bag. The appearance, also known as the design, includes features such as lines, shapes, colors, textures, materials, and decorations of the item itself.

Registering a design allows you to protect a design, drawing, or a combination of both. A drawing refers to two-dimensional designs, such as patterns on wallpaper, textiles, tiles, or tableware. A design, on the other hand, concerns three-dimensional designs, such as the design of electronic devices, furniture, packaging, building materials, toys, or tableware.

You can also protect a combination of a drawing and a design, for example, a drawing on a three-dimensional object, such as decorations on a bag. This includes a two-dimensional decoration and a three-dimensional shape that together determine the appearance.

By registering your design with BOIP, you obtain exclusive usage rights and protect it against possible counterfeiting or misuse. A design registration has a validity period of five years and can be extended by five years each time, up to a maximum of 25 years in total.

Practical Examples

• Furniture Design: A furniture manufacturer has designed a striking chair with a distinctive backrest and unique leg structure. By registering this specific furniture design, the manufacturer can prevent other furniture makers from producing and selling an identical or similar design;
• Packaging Design: A company has developed an innovative packaging shape for a specific item, with a unique combination of shapes, colors, and openings. By registering this packaging design, the company can prevent competitors from using identical packaging for similar items;
• Industrial Design: A manufacturer has created a new design for a kitchen appliance with a specific shape, ergonomic handles, and striking colors. By registering this design, the company can retain the exclusive right to produce and market this specific design.

In all these examples, registering the design right can ensure that the designs remain protected against counterfeiting or use by others, allowing the original creators to maintain exclusivity and protecting their investments in the design process.

A patent is an exclusive right of ownership over a technical item or process that has been invented. If you invent something new, you can apply for a patent. This gives you the special right to use, make, and sell your invention. It means that others cannot simply use or copy your invention.

Patents apply to all sorts of new things, such as new machines, technologies, and medicines. Once something is protected by a patent, no one else may use it without your permission. Sometimes there are exceptions, for example, if the inventor has already launched the item on the market. Partners must check if their items are someone else's invention.

If you haven't invented a new technology, machine, or item yourself, you must check if you need permission before using it.

Examples of patent-related issues include:

• If you want to sell a device with features or designs protected by someone else;
• If you want to sell an item that contains patented technology.

Please note!
You might not be the owner of the patent. In that case, you must first contact the owner and get permission before you can use it.

Do you sell storage items like smartphones, DVDs, USB sticks, or external hard drives? Then, as a partner, you must pay a home copy fee. This fee is for artists and authors who lose income because their work is copied by customers onto these devices.

• Are you selling in the Netherlands? Go to Stichting de Thuiskopie
• Are you selling in Belgium? Go to Auvibel

Please note if you import yourself
Importing items with a registered trademark is allowed when the items are imported from a country within the European Economic Area (EEA). The EEA includes all EU countries plus Liechtenstein, Norway, and Iceland. Within the

EEA, there is free movement of people and goods. All goods within the EEA borders can be moved and sold in another EEA country without hindrance.

It is not permitted to import items from countries outside the EEA and sell them within the EEA without the express permission of the trademark holder. Importing without permission is called parallel import, and this is prohibited. This prohibition also applies if the trademark holder sells the same type of item within the EEA, as long as the trademark holder holds the rights to the brand or item in the EEA.

Request permission from the brand owner
An item imported from outside the EEA may not be sold via bol without the trademark holder's permission.

It is the partner's responsibility to ensure that all import-related documents are in order. For example, if you want to sell an item imported from outside the EEA, you must have permission from the trademark holder. Therefore, always keep good records of communications, contracts, and official purchase orders for items imported from outside the EEA.

For example: Independently importing a Pokémon plush toy from China is not allowed without the express permission of The Pokémon Company or the holder of the Pokémon license in Europe. As a partner, you are responsible for requesting this permission yourself.

bol will remove items imported from outside the EEA if there is no written proof that the partner has permission from the trademark holder.

Decoding = fraud
It is not permitted to remove, damage, render unreadable, or replace EAN codes, QR codes, item numbers, or other item codes from items with other codes. We refer to such actions as decoding. Decoded items sold via bol will be treated as fraud.

Combating parallel import together
bol works closely with manufacturers, brand owners, licensors, licensees, content owners, suppliers, partners, and industry associations to detect and take action against illegal parallel import.

At bol, we investigate reports of illegal parallel import from the aforementioned parties and customer reports. If it has been made clear to bol that illegal parallel import is taking place, we will immediately remove these items. We will contact the partner who is in violation regarding the consequences of the policy points.

Violation of these rules may lead to immediate closure of the seller account.

If necessary, bol will actively cooperate with investigations from customs, police, and any legal follow-up steps by intellectual property rights holders.

Other points to note:

• If you directly import goods from outside the European Economic Area (e.g., from China), your role changes from distributor to importer, with corresponding additional responsibilities and obligations. When you are an importer or distributor and offer your goods under your own name or brand name via bol, you are considered a manufacturer and must assume the manufacturer's obligations. In that case, for example, you are responsible for creating and signing the EC Declaration of Conformity or EU Declaration of Conformity yourself.
• There are categories where our policy does not allow the sale of items imported from outside the EEA, such as food and beverages for human consumption. Additionally, there are categories where the packaging or manual must comply with specific laws and regulations. For toys, for example, it is mandatory that the packaging includes, among other things, a Dutch-language safety warning, CE marking, and contact details within the EEA. It is your responsibility as a partner to be aware of the applicable laws and regulations and the specific bol product range policy for every item you offer. Our product range policy can be found here.
• For televisions, European models (purchased within the EEA) may be sold provided that the models work, that Dutch-language manuals are available, and that the television installation is also possible in Dutch.
• Parallel import is also known as grey import, parallel trade, secondary trade, or secondary import.

The items you offer, written content, and images must not infringe on the intellectual property rights of others.

What is not allowed?

It is not permitted without the rights holder's permission to mention or display protected brand names in the content, such as in the title, description, brand mention, features, images, videos, etc., if the item is not of a specific brand. If you use a protected brand name without the rights holder's permission, you may be infringing on someone's intellectual property rights. You are solely responsible for all damage claims and other consequences if you use another's brand name without permission.

Among other things, it is forbidden on the platform to:

• In the title or content description to say ‘inspired by’, ‘our impression of’, ‘based on’ or ‘similar to’ or a comparable description and then mention a brand name or branded item. Examples:
  • In the title, state that a princess dress is inspired by Disney's Frozen.
  • Refer to the name or scent of a branded perfume when you do not sell that brand of perfume.
  • In the images, show the branded item that is the source of inspiration. Example: Post an image of the brand of perfume your perfume is inspired by.

What is allowed?

When you sell an item that is an accessory for an item of another brand, it may be necessary to mention that brand. This is allowed, but only if it is truly necessary for the sale of your item.

This is the case when an accessory only works in combination with a specific brand or type of item. Customers need to know if the item you are offering fits or is compatible with the device they are using.

Therefore, in the title or content description, you may use the words ‘suitable for’, followed by the brand name and possibly the type. For example:

• A charger that only works with a specific brand and type of phone
• A controller that is compatible with one brand and type of game console
• A coffee filter that only fits in a coffee machine of a specific brand
• A vacuum cleaner bag that is only suitable for a specific brand and model of vacuum cleaner

In these cases, you may mention the other brand, and it is also useful for the customer. It provides clear information about compatibility.

It is important that no confusion arises about the manufacturer of your accessory. It must always be clear that your item is not from the brand for which it is suitable. Therefore, the brand name of the other product should never be in the brand field of your offer.

Only use the brand name in combination with ‘suitable for’ in the title and/or description. This keeps the distinction clear and prevents misunderstandings among customers.

As a selling partner, you are responsible for checking which content and images may infringe on the intellectual property of another brand. You are liable if you violate these rights. In doubt? Seek legal advice.

bol investigates reports of possible intellectual property infringement. If we determine that a violation has occurred, we will immediately take the item offline. We will contact the partner about the consequences for the policy points. Policy violation can lead to the closure of the seller account.