What are the infringement types of AliExpress?

Legal analysis: 1. trademark infringement

It is a general infringement for a seller to use another person's trademark without the permission of the obligee. If you violate the rules for the first time, you will be warned but not deducted; After that, 6 points will be deducted for each repeated violation. If the accumulated deduction reaches 48 points, the account will be closed.

If the seller uses the same or similar trademark on the same commodity without the permission of the registered trademark owner, it is a serious violation, and the number will be sealed for three violations.

Second, patent infringement.

The patent infringement of AliExpress mainly includes the following situations: infringement of other people's appearance patents, utility model patents, invention patents and design. Whether it is a general violation or a serious violation depends on the situation.

Patent infringement is illegal, and the first violation will not be deducted. After that, the seller violated the rules again, and then deducted 6 points for each repeated violation; The platform will give titles to sellers who have accumulated 48 points.

If the seller seriously violates the rules, the title will be directly sealed after three violations.

Third, copyright infringement.

If the seller of AliExpress uses copyrighted works such as words, photos, videos, music and software without the authorization of the right holder, it is an act of copyright infringement.

For example, your product is not actually infringing, but stealing copyrighted pictures, words and other works from others is an information-level infringement; Or infringement at the entity level, such as piracy of entity products or their packaging, non-piracy of entity products or their packaging, but including unauthorized works protected by copyright.

For the seller who violates the rules for the first time, only a warning will be given, and no points will be deducted; After each repeated infringement, deduct 6 points/time, and close the account when the score reaches 48 points.

Legal basis: Article 65 of the Patent Law of People's Republic of China (PRC), if a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).