Log in to Taobao intellectual property protection platform, and upload the scanned design patent certificate and the scanned design patent evaluation report on Taobao intellectual property protection platform.
These include:
(1) The scanned design patent certificate needs to ensure that the patent is valid during the rights protection stage. Therefore, it is also necessary to check the current legal status of the design patent applied several years ago. Patents need to pay an annual patent fee every year. If the patent is terminated because the corresponding annual fee has not been paid, then the patent right has been lost in this year's rights protection stage. It is impossible to launch rights protection against other people's infringement this year.
(2) The evaluation report of design patent right, because the country almost adopts the registration system at present, the country will authorize it as long as it makes a request, and generally will not review whether it meets the requirements of novelty, so the right stability is poor. Obtaining a design patent does not mean that it did not exist in the market before the application, and even others have this design patent. Therefore, if you want to defend your rights and initiate a complaint on Taobao, you need to submit the design patent evaluation report issued by China National Intellectual Property Administration.
To sum up, if you want to complain about other people's design infringement on Taobao, you need to make the following preparations:
1. Apply for design patent in advance;
2. Ask China National Intellectual Property Administration to issue a patent evaluation report on the design patent;
3. Log on to Taobao's intellectual property protection platform, and submit the scanned design patent certificate and patent evaluation report to Taobao.
Finally, Taobao will make the results according to the infringing products and patent certificates that initiated rights protection, and refer to the patent evaluation report. If the patent evaluation report is favorable, the appearance patent is stable, and others do infringe, then other people's products will be removed from the shelves. At the same time, for the loss, you can ask for compensation through judicial or administrative channels.