Complaint Entry: Intellectual Property Protection Platform-Registration
The steps are as follows:
1, registered as a member of the intellectual property protection platform.
2. Prepare materials. Then upload the information.
3. Choose a complaint platform, such as saving a link.
4. Query the results and query the application results.
The reasons for expanding data are as follows:
1, it should be that the other party applied for a utility model or appearance patent for the product and complained about infringement on Taobao;
2, the utility model and appearance can be authorized without substantive examination, so it is entirely possible for the other party to apply for a patent for the product and sue you for infringement;
This behavior is suspected of maliciously applying for patent protection and should not be protected by law. You can seek legal aid through proper channels;
4. It is suggested to apply for patent protection for your product design as soon as possible to avoid similar situations.
Do not accept complaints of intellectual property infringement:
1, not authorized for sale.
According to the law, it is not illegal for the complainant to distribute his products without the authorization of Taobao sellers (reflecting the problem that Taobao sellers sell products below their pricing).
2. Trademarks are being accepted
If the complainant's trademark is still being accepted and the exclusive right to use the trademark has not been obtained, the complainant has no right to prohibit others from using the same or similar trademark as you.
3. Fair use of trademarks
If the product information released by the seller of Taobao is the product of the obligee, the original logo of your product appearing on the product picture released by the seller and the seller's name for the product in the text description do not belong to trademark infringement stipulated by relevant laws and regulations.
Taobao's intellectual property was complained that a commodity was deducted 2 points. You can communicate with the company that complained about you first and ask them to cancel the complaint and take this thing off the shelf. In addition, if you submit some evidence, you can of course be exempted from punishment. If you submit evidence and do not provide further evidence of your infringement within 72 hours, you can also be exempted from punishment.
At the same time, four products were complained, and 8 points were deducted. Judging the infringement of intellectual property rights from the information level, 2 points will be deducted each time; If the circumstances are serious, 24 points will be deducted each time; Especially serious, 48 points will be deducted each time.
Serious violation:
After the complaint of intellectual property rights, as for the intellectual property rights of Taobao, a few examples are as follows: If your baby is suspected of counterfeiting/pirated goods, 2 points will be deducted for each serious infringement of goods, and 12 points will be deducted at most if the same complainant complains about Taobao's intellectual property rights within 3 days. If the circumstances are serious, the deduction of Taobao's intellectual property rights is likely to increase.
General violation:
Trademark infringement other than counterfeiting, copyright infringement other than piracy and patent infringement. Belonging to improper use of the rights of others, 2 points will be deducted for each subsequent punishment. This is a common infringement. 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. So you don't have to worry about being deducted too many points because of a single complaint from a obligee.
Alibaba-Principles for Handling Infringement Complaints of Intellectual Property Protection