What to do if a Taobao seller is accused of infringing on intellectual property rights?

If it is indeed an infringement, the product can only be removed from the shelves and receive penalties.

According to Article 63 of the "Taobao Rules"

Improper use of the rights of others means that the user engages in any of the following behaviors:

(1) The seller is Improper use of other people's trademark rights, copyrights, etc. in the product information published or the store names and domain names used;

(2) The seller is suspected of improper use of other people's trademark rights, copyrights, patent rights, etc. when selling goods and other rights;

(3) The product information released by the seller or other information used causes confusion, misunderstanding, or unfair competition among consumers.

If any of the above behaviors occur, Taobao will delete the products or information posted by members that improperly use the rights of others, and will deduct 2 points each time. Complaints made by the same right holder against the same seller within 3 days will be deemed as one complaint.

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Extended information:

1. Subjective fault of the perpetrator Failure does not constitute a crime of intellectual property infringement

First of all, it should be determined by the characteristics of the crime of infringing on intellectual property rights. From the perspective of criminal law theory, intellectual property crimes can be classified as administrative crimes, which are serious violations of economic and administrative laws.

Such as the "Trademark Law", "Patent Law", "Anti-Unfair Competition Law", "Copyright Law", etc. formulated by the state, administrative prisoners are not suitable for subjective criminal intent due to their weak condemnability in ethics and morality. It is too harsh. The perpetrator should only be treated as a crime if he is intentional, and negligent behavior is usually only treated as a general illegal act;

Secondly, the reason why intellectual property crimes can only be constituted by intentionality and not by intentional What constitutes negligence is also determined by the provisions of the criminal law, because according to the provisions of the criminal law, criminal liability is only stipulated in the law for negligence crimes.

It can be seen that whether the crime of infringement of intellectual property rights can be constituted by negligence, it should be Subject to criminal law provisions. The criminal law does not explicitly stipulate that even if the behavior is harmful to society, it cannot be treated as a crime.

Thirdly, negligence does not constitute a crime, which is in line with the principles of international legislation. Except for Italy, most countries and No laws in the region include negligence as a crime. Therefore, including negligence as a subjective aspect of the crime of intellectual property infringement is not only inconsistent with the principles of criminal law, but also contradicts the principle of statutory punishment. It is also inconsistent with the world's criminal legislation on crimes of intellectual property infringement. development trend.

2. The perpetrator’s inaction does not constitute the crime of intellectual property infringement

The subjective requirement for the crime of intellectual property infringement is “for profit,” which determines that the perpetrator must take active actions Acting and pursuing the desired criminal outcome, that is to say, the objective behavior takes the form of action, and inaction does not meet the objective requirements of the crime.

Omission is a manifestation of harmful behavior corresponding to action, which refers to harmful behavior in which the actor has a specific legal obligation to perform a certain behavior but cannot perform it.

To judge the crime of omission, the following three conditions should be met.

First, the perpetrator has a specific legal obligation to perform a certain act, which is a prerequisite for omission.

Secondly, the actor has the ability to perform specific legal obligations, which is an important condition for the omission to be established.

Thirdly, the actor fails to perform the specific legal obligations for the act, which is a key condition for the omission to be established. It needs to be emphasized that violation of obligations expressly stipulated in non-criminal laws does not always constitute a basis for an obligation to omit. Only those that are recognized or required by criminal law can be regarded as a basis for action.

In other words, in this case, the obligations expressly stipulated in the law require the provisions of other laws and regulations on the one hand, and the recognition of the criminal law on the other. If there are only provisions of other laws and regulations, but no recognition or recognition of the criminal law, Requirements,

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