How to deal with patent infringement of Taobao goods?
Taobao is one of the most popular online trading platforms. There are many products on Taobao, but many people say that the products on Taobao are knockoffs. What should I do if Taobao products infringe patents? Let's take a look at our intellectual property rights: what if Taobao products infringe patents? 1, it should be that the other party applied for a patent for the product and complained about infringement on Taobao; 2, the utility model and appearance can be authorized without substantive examination, so it is entirely possible for the other party to apply for a patent for your product and sue you for infringement; This behavior is suspected of maliciously applying for patent protection and should not be protected by law. You can seek legal aid through proper channels; 4. It is suggested to apply for patent protection for your products as soon as possible to avoid similar situations; 5. Seek patent legal defense; It can be solved in time and needs to be handled by professional lawyers. Tort liability According to the provisions of relevant laws, the legal liabilities that patent infringers should bear include civil liability, administrative liability and criminal liability. (1) The administrative responsibility for patent infringement, the department in charge of patent work has the right to order the infringer to stop the infringement, correct it, impose a fine, etc. The administrative department for patent affairs may also mediate the amount of compensation for patent infringement at the request of the parties concerned. (2) Civil liability 1. Stop the infringement: it means that the patent infringer should immediately stop the ongoing patent infringement according to the decision of the department in charge of patent work or the judgment of the people's court. 2. Compensation for losses: the amount of compensation for patent infringement shall be determined according to the losses suffered by the patentee or the benefits obtained by the infringer; If it is difficult to determine the losses suffered by the infringer or the benefits obtained by the infringer, it can be reasonably determined by referring to the multiple of the patent license fee. 3. Eliminating the influence: When the infringer's infringement damages the goodwill of the patented product in the market, the infringer should take appropriate measures to bear the legal responsibility of eliminating the influence, and admit his own infringement to eliminate the adverse influence on the patented product. (3) Criminal responsibility: In accordance with the provisions of the Patent Law and the Criminal Law, if the circumstances are serious, the person directly responsible shall be investigated for criminal responsibility. How to deal with patent infringement of Taobao goods? We are here to answer this question for you. If you have more questions about patents, you can continue to pay attention to Bajie's intellectual property rights or contact us by phone.