This form of infringement is the most common in Taobao shop management. The so-called misappropriation of words and pictures refers to the unauthorized use (including secondary editing) of other people's original words, pictures (including product pictures) and videos on the shop homepage, columns page, window, baby details and other publicity pages without the permission of the original author or owner. Strictly speaking, many small sellers use secondary processed pictures from other stores.
2. Taobao stores use registered trademarks or names of others.
Taobao sellers use other people's trademarks or shop names for profit without the authorization of the owners of trademarks and shop names, which constitutes infringement; If you deal in similar goods with this name, it also constitutes unfair competition.
3. Pirated goods
This kind of infringement mainly involves copyright. Taobao sellers illegally sell unauthorized paper and electronic publications, including pictures, words, books, videos, audio and e-books. This behavior is also very common.
Step 4 sell fake goods
This kind of behavior is extremely bad, selling well-known brands without authorization, and the quality is often low, and after-sales can not be guaranteed, which not only seriously damages the interests of counterfeit brands, but also infringes on the legitimate interests of consumers.
5. Patent infringement
Products that infringe patent rights are usually hot-selling products recognized by the market or high-tech products. A thing is a good thing because it uses patented technology or design (patents include invention patents, utility model patents and design patents, which protect different types of technologies respectively), but it is said to be infringing because it is sold for profit without the consent of the patentee.
Many shopkeepers panic when they encounter complaints and don't know what to do. They are worried that their shops will be punished and they will bear legal responsibility. In fact, as long as the seller handles the complaints of intellectual property infringement in time and handles them properly, there will generally be no major problems.
Coping strategy
First of all, it depends on whether you really have infringement. If you do, you should stop the infringement immediately, otherwise the consequences will be more serious. You should not only face the punishment in Taobao market, but also deal with the infringement lawsuit that the other party may initiate.
Only complaints about patent infringement will teach you how to judge whether you are really infringing: first, look at the patent number given by the other party, enter the patent number in the patent inquiry system in China National Intellectual Property Administration, check the legal status and confirm whether the patent is still valid; If so, further check whether the patent content is the same as or similar to your own goods (it can only be said in general terms here, because everything else needs specific analysis, and it is recommended to find a professional patent agent). If it is similar, it can basically be determined to be infringement.
1, communicate with the complainant
Find out the origin of the other party, the reasons for the complaint, and the demands of the other party. If it is an individual act, the other party will generally point out your infringement and tell you who the other party is and what they want from you. For example, the other party will ask you to delete the infringing pictures and words in your store. As long as you don't continue to behave like this in the future, most things will be settled. And if the other party is a specialized anti-counterfeiting company, your phone may not be answered because they are employed by a certain brand.
Its daily work is to monitor network infringement and profit from it. If the infringement is serious, it will even blackmail money. Of course, the latter behavior is even worse, and even in less serious cases, the other party will maliciously extort money. If the other party only monitors the network and does not take additional measures, you need to stop the infringement through self-inspection and prevent the other party from further action. If you complain maliciously, you need to pick up the rights protection weapons and legal weapons given by Taobao officials to safeguard your legitimate rights and interests.
2. Complain about Taobao
The operation steps are to open Want Want Seller Center-Report Management-Received complaints about intellectual property infringement, and then you will see a complaint prompt under the complained goods, click on the complaint, and provide proof of your regular purchase channel of goods.
Or other evidence to prove you, you should also write some words to show that you have been wronged. Of course, if the facts are really wrong, if there are infringement facts, the other party can provide convincing evidence of infringement, and your complaint may be rejected. If the other party's monitoring is loose, your complaint will generally succeed. Even if there is infringement, it needs to be stopped immediately. If the other party bites hard, it can only stop the infringement according to the rules, take up the weapons and legal weapons given by Taobao officials to safeguard their legitimate interests and prevent the other party from making excessive demands. And their own infringement is serious, such as selling fakes, selling works without intellectual property rights without permission, and it is useless to complain. It is the first priority to stop the infringement and fulfill the tort liability.