Design protection is often discussed in the context of registration, scope, and validity. Far less attention is paid to one of its most practical benefits: its enforceability through notice-and-take-down (NTD) mechanisms on online marketplaces.

While litigation remains the ultimate remedy for design infringement, a well-prepared NTD action can achieve the immediate business goal – removing copycat products from key sales channels within days and at minimal cost.

Legal foundation: exclusive rights and intermediary obligations

A registered design grants its owner the exclusive right to determine who may use the protected appearance of a product. No third party may manufacture, offer, sell, or import a product whose appearance is identical or produces the same overall impression within the registration’s territory.

This exclusive right enables NTD enforcement. Under EU law, marketplace operators act as intermediaries. They are not directly liable for third-party infringements, but once notified, they must act expeditiously to remove or disable access to infringing content.

The Digital Services Act (DSA) has formalised these obligations. Platforms must:

1 . Remove infringing offers once they obtain actual knowledge,
2 . Prevent reappearance of identical listings, and
3 . Maintain transparent, traceable notice-and-action systems.

As a result, design owners can now enforce their rights not only in court but also directly through structured platform procedures.

The Amazon example

Among major marketplaces, Amazon offers one of the most established NTD systems.
Design owners can report infringements through Brand Registry (if enrolled) or via the public Report Infringement form available to all rights holders. Both channels accept EU and UK registered designs as valid legal bases.

A submission normally includes the registration number and jurisdiction, the link or ASIN of the infringing listing, and proof of ownership or authorisation. When information is clear, listings are typically removed within a few days.

Although the review is administrative rather than judicial, the process offers a fast, low-cost method to restore exclusivity and stop infringing sales.

Building a strong notice

Effective takedown requests are specific and well-documented. Key elements include:

  • Design registration data: registration number, jurisdiction, owner, and link to the public record.
  • Evidence of infringement: URL or ASIN, screenshots of the listing, and a short statement explaining how the design is reproduced or gives the same overall impression.
  • Proof of ownership or authority: if submitted by an agent, include a letter of authorisation.
  • Territorial scope: confirm that the registration covers the relevant marketplace (e.g., EU design for Amazon.de).
  • Requested action: clear removal of the listed offers and taking proportionate measures to prevent re-listing of the same infringing items by the same seller.

A concise, factual notice accelerates internal review and minimises correspondence with platform agents.

Advantages of the NTD route for design owners

The main advantage of NTD procedures is their speed and efficiency. Once a properly documented complaint is submitted, platforms usually react within a few days. Compared with litigation or customs actions, the effect is almost immediate and comes at negligible cost. There are no court filings or cross-border service formalities—only the preparation of a coherent evidence package.

NTD also gives design owners control over product visibility. Infringing listings disappear from consumer view before significant sales occur, avoiding price erosion and confusion in the marketplace. A single registration can support multiple complaints against different sellers or across several marketplaces, making the approach highly scalable.

Beyond the immediate takedown, consistent NTD enforcement has a deterrent effect. Sellers learn quickly that the rights holder monitors actively and acts decisively. Over time, visible enforcement strengthens the credibility of the portfolio and protects the commercial value of distinctive product designs.

Limitations and risk management

NTD is not a substitute for judicial enforcement. Platforms verify formal criteria but do not determine infringement on the merits. Removal does not equal liability, and sellers may submit counter-notices leading to reinstatement if evidence is weak. Maintaining a complete documentation trail—registration extracts, screenshots, timestamps—helps prevent disputes.

Rights holders should also avoid overreach. Filing unjustified or poorly supported notices may lead to suspension from enforcement tools or even claims for unjustified threats. Territorial limits must be respected: an EU design supports enforcement in EU marketplaces, but listings aimed at other regions require corresponding registrations.

In practice, NTD works best as part of a layered enforcement strategy, complementing customs monitoring, cease-and-desist letters, and litigation where necessary.

Best practices for IP departments

Align design filings with market exposure.
Focus on product features visible to consumers and prone to imitation in e-commerce channels.

Centralise documentation.
Maintain a repository of certificates, publication data, and reference images for rapid access when preparing notices.

Monitor marketplaces systematically.
Automated keyword or image-matching tools can detect infringements early, improving success rates and reducing losses.

Train internal teams.
Templates and clear workflows shorten response times. Legal counsel should only be involved for escalation or persistent infringers.

Regulatory outlook: from voluntary practice to legal duty

What began as voluntary “brand protection programmes” is evolving into a statutory obligation.
Under the Digital Services Act, very large online platforms must maintain transparent NTD systems, report takedown statistics, and provide appeal rights to users.

For rights holders, this shift strengthens procedural leverage: if a platform fails to act on a valid notice, it risks breaching its own compliance obligations. The European Commission and the EUIPO are also developing the IP Enforcement Portal, which will enable verified rights holders to transmit notices directly to multiple marketplaces from a single interface.

The direction is clear: design rights now trigger enforceable duties for platforms, turning them into a practical tool for rapid, compliant online enforcement.

Strategic takeaway

For businesses with consumer-facing products, registered designs are no longer static assets. They are actionable enforcement instruments that translate directly into control over visibility in digital sales channels.

An effective workflow combines strategic design filings for commercially relevant product appearances, continuous monitoring of online marketplaces, and disciplined execution of notice-and-take-down actions within the Digital Services Act framework.

Used this way, design rights bridge the gap between legal entitlement and market reality. They allow IP professionals to act precisely at the point of infringement—the sales interface—and to restore exclusivity in days rather than months.

About the Author

Malgorzata Zyla is Head of the Brand & Design Department at ETL IP in Berlin. A European Design & Trademark Attorney and Polish Patent Attorney with more than 25 years of experience, she specialises in strategic protection and enforcement of aesthetic innovations, across registrations, portfolio management and international filings. She advises companies on turning distinctive product appearances and brand elements into defensible global assets.