Introduction of intellectual property infringement in Taobao.
Intellectual property is an intangible property right, which refers to the results of intellectual labor and creative labor, and is the right enjoyed by intellectual workers or other legal rights holders according to law.
At present, it includes trademark infringement, patent infringement and copyright infringement.
1. 1 trademark infringement
Acts of others using the same or similar trademarks on the same or similar goods without the permission of the trademark owner, and acts that damage the legitimate rights and interests of the trademark owner as stipulated by other laws.
1.2 patent infringement
Without the permission of the patentee, the act of implementing a valid patent protected by law for the purpose of production and operation, and the act of harming the legitimate rights and interests of the patentee as stipulated by other laws.
1.3 copyright infringement
Also known as copyright infringement, it refers to the act of using other people's works or exercising the exclusive rights of the copyright owner without the consent of the copyright owner and without legal basis, as well as the act of damaging the legitimate rights and interests of the copyright owner as stipulated by other laws.
Definition of infringement of intellectual property rights of others: there is definite evidence to prove that the seller sells counterfeit goods, or the claimant complains that it is suspected of violating trademark law, copyright law, patent law and other relevant laws and regulations and the complaint is established.
Conditions for accepting complaints of intellectual property infringement
The types of intellectual property infringement complaints accepted by Taobao include: patent infringement complaints, trademark infringement complaints and copyright infringement complaints. To initiate a complaint, you must provide:
1. Identity and contact information of the complainant:
A. The complainant is an individual, please provide your ID card or passport.
The complainant is an enterprise, please provide the business license of the enterprise.
2. Proof of rights:
A The complainant is the intellectual property owner himself. Please provide patent certificate, trademark registration certificate, copyright certificate, etc.
B. If the complainant is not the intellectual property owner, please provide the patent certificate, trademark registration certificate, copyright certificate, and proof that the intellectual property owner authorized the complainant to make a complaint (which must be signed/sealed by the intellectual property owner).
3. Letter of Commitment/Notice of Patent Infringement Complaint (for patent complaint)
4. Links to suspected infringing products
Note: For reference only, subject to Taobao policy.
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