What is the policy?
The protection of intellectual property rights is of utmost importance for eBay. Listings and items that infringe the intellectual property rights of third parties don’t follow the Intellectual property policy and are not permitted on eBay. Intellectual property rights include, but aren’t limited to, copyrights and related rights, trademarks, designs, patents and utility models.
To effectively protect intellectual property rights, listings or items that primarily serve the purpose of infringing intellectual property rights are not allowed on eBay. This includes, but is not limited to:
- Software or devices designed to circumvent copy protection (e.g., cracks, software emulators)
- Instructions or encouragement to circumvent copy protection or to otherwise commit infringements of intellectual property rights (e.g., a description of how a test version can be used permanently by changing the system time)
- Serial numbers (keys or serials) that enable the unauthorised use of software or video games
- Modchips that enable unauthorised copies of video games to be run on video game consoles
- Satellite and TV decoding devices, modchips and other devices and software that allow paid content to be unlocked, illegally downloaded or otherwise made available while circumventing fees
- Services or information for free access to paid content (e.g., instructions on how to download music from unprotected servers)
- Branded packaging materials or branded stickers with the recommendation to use these materials to sell counterfeits
Whether a listing or item predominantly serves the purpose of committing infringements of intellectual property rights is primarily determined by the type and functionality of the item.
Why does eBay have this policy?
This policy helps ensure that eBay users find authentic items that meet their expectations, that users can trust our marketplace and that they comply with the law. This policy also prevents the sale of illegal items, especially those that infringe the intellectual property rights of third parties.
Activity on eBay is required to follow this policy, the eBay User Agreement and all applicable laws, as well as respect the rights of third parties. If it doesn’t, eBay may take action consistent with applicable laws and the eBay User Agreement, and may even be legally required to do so. Such actions may include, as an example only: Removing the listing or other content, issuing a warning, restricting activity or account suspension.
Helpful links
Other policies that may be relevant in this context:
- Intellectual property policy
- Counterfeit item policy
- Electronically delivered items policy
- Software policy