How to counter-sue when the platform sells things and asks people to report intellectual property infringement?

Humen Xiaosheng Company in Dongguan is a small and micro enterprise mainly engaged in clothing, apparel, shoes, luggage, daily necessities and primary agricultural products. 20 19 Cao took him to court, claiming that the "improved Tang costume, summer retro, Hanfu cheongsam, Chinese style women's dress, tea dress and Wenchan national style dress" sold on Taobao infringed on his design patent right.

Through comparison, it is found that the design patent picture of plaintiff Cao is similar to the product sold by defendant Xiaosheng Company in pattern, color and style, but there are slight differences in some areas, which is more likely to fall into the patent protection scope of plaintiff. The plaintiff asked the defendant to stop the relevant infringement first, and then demanded compensation for economic losses. If the defendant is willing to accept it, the plaintiff is willing to withdraw the lawsuit from the court.

As an e-commerce operator, how to deal with this patent infringement dispute?

In this case, we should first calmly analyze the content of the other party's complaint, and then conduct targeted patent search to see the stability of the other party's patent and judge whether the product is infringing. If the manufacturer of your goods is the patentee or the patentee, and the goods are bought from the distributor, in most cases, you only need to explain the situation to the patentee or the patentee.

There is also to collect evidence of prior disclosure or prior use of the other party's patent application, or evidence that their products have legal sources, and make complaints within the time specified by the platform, or provide non-infringement analysis. The platform will judge according to the opinions of both parties and decide whether the products are removed from the shelves; If there are infringement facts, the other party can provide convincing evidence of infringement, and your complaint may be rejected. At this time, we can stop the infringement according to the rules, take up legal weapons to safeguard our legitimate interests and prevent the other party from making excessive claims.

You can also carry out corresponding circumvention design before the products are put on the shelves or after receiving infringement complaints, and make changes to your own products, so as to achieve the purpose of continuing production and sales without infringing others' patents. Sometimes, you can achieve better results and gain a bigger market by circumvention design!