Can Taobao appearance patent infringement be prosecuted?

1. Can Taobao appearance patent infringement be prosecuted? Taobao appearance patent infringement can bring a lawsuit to the court, and it is an important way for the obligee to bring a patent infringement lawsuit to the court to effectively combat patent infringement and safeguard rights. Compared with the administrative complaint filed with the Intellectual Property Office, it has the following characteristics: 1. You can claim for compensation and make up for the loss effectively. In administrative treatment, the Intellectual Property Office can only impose administrative punishment on the infringer, but can't give compensation. The court may judge the infringer to compensate the obligee for the loss according to the litigation request and infringement evidence submitted by the obligee. 2. The judgment or ruling is final. If a party refuses to accept the administrative ruling made by the Intellectual Property Office, it may bring an administrative reconsideration or an administrative lawsuit, and the judgment or ruling after the first and second trial procedures of the court shall be final. Second, what matters should be paid attention to in patent infringement litigation? In combination with the relevant laws, regulations and judicial interpretations of our country, the following matters should be paid attention to when bringing a patent infringement lawsuit to the people's court: 1. Find out the basic facts of infringement and define the infringer (defendant). Patent infringement is different from general civil infringement, which has the characteristics of hidden infringement mode, large number of infringers and complicated infringement means. Therefore, before preparing for prosecution, we must know and find out the basic facts of infringement through various channels, such as the production source, sales channels, sales areas, sales quantities and sales prices of infringing products, and pay attention to collecting relevant evidence materials. In particular, it is necessary to find out who the infringer is in time and accurately, that is, producers, sellers and suppliers of infringing products, direct sellers or users, promised sellers and importers of infringing products. 2. Estimate the loss of infringement interests and determine the amount of infringement compensation. Specific and clear claim right is the basic condition for bringing tort civil action. The right of claim for patent infringement generally includes stopping the infringement, eliminating the influence, making an apology, and compensating for losses. And the determination and requirement of the amount of infringement compensation is the most critical proposition in patent infringement litigation. Therefore, after determining and selecting the defendant, it is very important to correctly and reasonably estimate and calculate the losses suffered by infringement and determine the amount of infringement compensation. To sum up, Taobao is an important e-commerce platform, and there are many cases of patent appearance infringement of e-commerce. If Taobao mediation fails, the infringed party can take legal measures to bring the other party to court. Solving it through litigation can save a lot of unnecessary trouble. When suing, the plaintiff should find out the patent losses caused by infringement and collect relevant evidence.