What is the policy?
Counterfeit items, replicas and unauthorised copies of protected original items are not allowed on eBay.
You may post an item only if you are certain it is genuine and complies with this policy. If an authenticator examined an item and could not confirm its authenticity, you are not allowed to list it on eBay.
Listings must include photos showing the item clearly, from several different angles and in all relevant detail. Do not hide or blur logos or any other parts of the item in the photos.
What are counterfeit items?
Counterfeit items imitate a legally protected original product while pretending to be the original product.
A counterfeit item gives a false impression of being a product that it is not. This impression is usually created by the unauthorised use of a protected brand name on the product itself, on its packaging or even in the associated listing text.
Counterfeit items generally violate trademark law. They can also infringe copyrights, design rights, patent rights or other intellectual property rights of third parties. Counterfeiting can also violate competition law. In addition, counterfeit items don’t follow the Intellectual property policy.
Counterfeit items are not allowed on eBay. Examples of counterfeit products include:
- A watch bearing a trademark, although the watch does not originate from the trademark owner
- A perfume with packaging that is labelled with a trademark, although either the perfume, or the packaging or both do not originate from the trademark owner
- An electronic device (e.g., smartphone, headphones, charger or charging cable) offered under a trademark, although the device does not originate from the trademark owner
- A kitchen appliance that copies a protected design without originating from the owner of the design
- A chair that mimics the design of copyrighted furniture
- A computer program that is advertised under a trademark, although it does not originate from the owner of this trademark
- A jersey depicting the brand of a football club without authorisation
Do not list an item if you are not sure it is genuine or if an authenticator could not confirm its authenticity.
Helpful links
Other policies that may be relevant in this context:
What are replicas?
Replicas are items that imitate a protected original product. For example, an item that copies the look or the functioning of the original product in full or in part is a replica. In contrast to counterfeit products, replicas don’t necessarily pretend to be the original product. Nonetheless, replicas can infringe the rights of third parties and aren’t allowed.
Replicas can infringe trademark rights, copyrights, design rights, patent rights or other intellectual property rights of third parties. Such replicas don’t follow the Intellectual property policy. Replicas can also violate competition law.
Replicas are not allowed on eBay. Examples of replicas are:
- Imitated handbags, watches or sneakers that mimic a protected look, even if the original brand is not mentioned
- Imitated kitchen or household appliances of a brand, even if the appliances bear a different brand name
- Imitations of a sculpture, even if the artist is not named
Helpful links
Other policies that may be relevant in this context:
What are unauthorised copies?
Unauthorised copies are copies, reprints or recordings of legally protected original works or performances made without the required consent of the rights owner.
In contrast to counterfeits or replicas, unauthorised copies may have been made based on the original, for example, using a camera. However, without the required consent, the copy is unauthorised.
Unauthorised copies generally violate copyrights or related rights. They can also infringe design rights, patent rights or other intellectual property rights of third parties. In such cases, unauthorised copies don’t follow the Intellectual property policy.
Unauthorised copies are not allowed on eBay. Examples of unauthorised copies are:
- Unauthorised recordings of concerts, live shows, movies, television or radio shows
- Self-made copies of films, music or software
- Reprints of photographs or artworks, for example, on T-shirts, mugs or posters
- Unauthorised reprints (e.g., of trading cards or stamps)
- Copies of autographs
Helpful links
Other policies that may be relevant in this context:
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.
Why does eBay have this policy?
This policy helps ensure that eBay users find authentic items that meet their expectations, that they 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.
Frequently Asked Questions
I am a rights owner. How can I report a listing that infringes my rights to eBay?
We created the Verified Rights Owner Programme (VeRO) - opens in new window or tab so that intellectual property rights owners can report listings or items infringing their protected rights. Such listings or items are illegal, and it is in eBay’s interest to ensure that infringing items are removed from the site, as they erode the trust of buyers and good sellers.
Rights owners can also use the general reporting functionality to report listings and other content. However, eBay recommends participating in the VeRO programme, which is specifically tailored to rights owners.
I am a seller, and my listing was removed for not following this policy. What can I do?
If you believe that a mistake was made, you may have the right to have the action reviewed by eBay. For information on options for actions, see the Frequently Asked Questions of eBay's Intellectual property policy.