There are two kinds of punishment, improper use of other people's rights and sales of counterfeit goods:
1, improper use of other people's rights means that the user has the following behaviors, and two points will be deducted each time:
(1) The seller improperly uses the trademark rights, copyright rights and other rights of others in the published commodity information or the used font name and domain name;
(two) the seller sells goods suspected of improper use of other people's trademark rights, copyrights, patents and other rights;
(3) The commodity information released by the seller or other information used by the seller causes confusion, misunderstanding or unfair competition among consumers. Complaints made by the same obligee to the same seller within three days are regarded as complaints.
Interpretation of rules:
1. "Improper use of the rights of others" refers to trademark infringement other than counterfeiting, copyright infringement other than piracy and patent infringement.
Complaints made by the same obligee to the same seller within three days are regarded as complaints. Because it takes time to deal with complaints and the seller's rectification, Taobao will regard all complaints filed by the same obligee against the same seller within three days as a complaint, and complaints filed after this period will be regarded as a supplement to previous complaints, rather than a complaint again.
At the same time, the same type of infringement complaints (including but not limited to: patent right, copyright right and trademark right) made by the same obligee against the same seller within three days are regarded as complaints.
The purpose of this regulation is to encourage complainants to list all the infringement information of the complained seller's shop at one time, so as to improve the efficiency of complaint handling.
3. The seller improperly uses other people's trademark rights, copyright rights and other rights in the published commodity information or the shop name and domain name used.
Use other people's trademarks (including word mark and graphic trademarks, etc.). ) or use works (written works and graphic works) in commodity information, store names and domain names without the permission of others.
For example, using other people's trademarks in the name of the store without the permission of others.
For example, although the following products released by the seller are genuine Fenten, it is still improper to use pictures of Fenten official website model in product information without the permission of the right holder.
Four, the seller sells goods suspected of improper use of other people's trademark rights, copyrights, patents and other rights.
1. Improper use of the trademark rights of others means that the goods sold by the seller are recognized as trademark infringement, but they are not counterfeit.
For example, the seller of Taobao sold Chen's goods, and was complained by Watson's trademark owner, and it showed that Guangzhou Industrial and Commercial Bureau determined that Chen's goods constituted trademark infringement.
2. Improper use of other people's copyright means that the goods sold by the seller are identified as copyright infringement, but not piracy. It means that Taobao sellers sell the book "One Hundred Years of Solitude" published by a regular publishing house, but the obligee complains that "One Hundred Years of Solitude" is not authorized by any domestic publishing house.
3. Improper use of another person's patent means that the goods sold by the seller infringe on another person's design patent, utility model patent or invention patent.
5. The commodity information released by the seller or other information used by the seller causes confusion, misunderstanding or unfair competition to consumers. Refers to the seller's use of other people's rights information in information such as shop pages and commodity pages, which is enough to cause confusion, misunderstanding or unfair competition to consumers.
For example, it is unfair competition for a seller to sell his own brand of small household appliances, but describe in the product information that "the quality is better than that of * * brand and the price is lower than that of * * brand".
Six, the seller improper use of other people's rights, Taobao will delete the goods or information including:
If the seller's product page improperly uses the rights of others, then Taobao will delete the corresponding product information according to the qualification certificate and infringing product link provided by the complainant;
If the seller improperly uses other people's rights in store decoration, then Taobao will clear the store decoration according to the qualification certificate and infringing goods link provided by the complainant;
If the domain name, store name or member name of the seller's store improperly uses other people's rights, then Taobao will publish the complained domain name, store name or member name based on the qualification certificate provided by the complainant and the link of the infringing store.