It's okay to get off the shelf. Taobao will help you get off the shelf directly.
Question 2: Taobao received an intellectual property complaint and scored 10. First of all, you should check the specific reasons of the complaint through "Want Want, Letter in the Station" or "Seller Center-Reporting Management-Received Intellectual Property Complaints", and then make targeted complaints.
Complaint channel: seller center-report management-receiving intellectual property complaints.
Complaint time: within 3 working days, there are always 2 opportunities to complain, one before and one after punishment. You need to complete the complaint within this time. If the time limit is exceeded, the complaint entrance will be closed.
Note: if you don't appeal before the punishment, it means that there is only one chance to appeal after the punishment! Please pay attention to the sellers and friends!
Warm reminder: Please check other goods in your store in time to avoid being complained again for the same reason.
Question 3: What information does Taobao need to provide to win the intellectual property infringement complaint? The intellectual property infringement of Taobao is mainly divided into copyright, patent and trademark. Because the reasons for complaints are different, the reasons for complaints are also different. Among them, the copyright includes:
1. Pirated books and software (choose a complaint voucher)
1. A formal purchase invoice showing the title of the book needs to include:
A. VAT invoice or ordinary invoice
B. Shopping receipts
C. purchase orders;
2. Authorization certificate: a complete authorization relationship chain from the copyright owner to the seller's shop;
2. Picture and text infringement (you can choose one of the complaint vouchers)
1. Proof that the right holder authorizes the use of the picture: sales authorization is not recognized;
2. Copyright certificate that you enjoy the copyright of the picture: original picture, copyright registration certificate, time stamp, etc. The written work must point out that your written work is different from the complainant's work and provide copyright proof;
3. The works used come from a third party and are authorized by the third party: certificate of right+certificate of authorized use of pictures+certificate of identity of the obligee;
3. Derivatives (you can choose one of the complaint vouchers)
1. The product comes from the obligee: a formal purchase voucher that can display commodity information.
2. Proof of the right holder's authorization to use the work: the power of attorney stamped with the official seal of the right holder, and the authorization content should be the authorization to use the work (sales authorization is not recognized);
3. The works used are from a third party and authorized: certificate of right+certificate of authorized use of pictures+certificate of identity of the obligee.
4. Declare that the goods are different from the works of the obligee: the detailed comparison between the pictures of the goods and the works of the obligee needs to be combined with text descriptions.
5. Prove that you enjoy the copyright of your work: you must point out that your written work is different from the complainant's work, and provide proof of copyright, such as copyright registration certificate;
6. Public certification before the date of creation of the work: relevant certificates that can confirm the time, content, carrier and ownership of the work in the channels available to the public (such as public website certification, publicly issued newspapers and books, etc.). ).
Patents include:
I. Infringement of the patent for appearance (you can choose one of the complaints)
1, existing design:
A. Publicize the sales records of the complainant before the patent application date (provide the order numbers of Alibaba and Taobao, and the pictures displayed in the order are consistent with the complainant's patent viewpoint);
B other materials (screenshots of web pages, documents, instructions, patent materials before the filing date, etc.) that affect the patent stability of the complainant. );
2. Contrasting with the complainant's patent: it is necessary to provide pictures of the complained product page to compare with the complainant's patent viewpoint and design points, including shapes, patterns, colors, etc., and it is suggested to point out the differences with pictures and texts;
3. Put forward reasonable doubts about the stability of the plaintiff's patent: invalidation decision/confirmation of non-infringement judgment;
4. The product comes from the complainant: the complete authorization chain or purchase certificate of the obligee;
Two, utility model patent infringement, patent infringement (choose one of the complaint vouchers)
1, prior art:
A. Publicize the sales records of the complainant before the patent application date (provide the order numbers of Alibaba and Taobao, and compare the products in the previous records with the patent claims of the complainant);
B other materials (screen shots, documents, instructions, etc.) that affect the stability of the complainant's patent. )
2. Proof that it does not belong to the complainant's patented technology: it is necessary to provide pictures of the complained product page to compare with the complainant's patent claim, and it is suggested to point out the differences by combining pictures and texts;
3. Put forward reasonable doubts about the stability of the plaintiff's patent: invalidation decision/confirmation of non-infringement judgment;
4. The product comes from the complainant: the complete authorization chain or purchase certificate of the obligee;
Finally, the trademark:
First, forgery
Comparison between true and false (just select one of the complaint vouchers)
1. Authorized sales certificate: it must point to the trademark owner, and the name of the authorized party in the power of attorney must be the same as the name of the real-name certifier of Taobao store or Taobao member, and it must reflect the brand+model/style information;
2. Formal purchase voucher: paper purchase voucher (refers to the paper purchase voucher of the trademark owner or its authorized dealer (the shopping receipt/invoice/purchase document is stamped with the shipper's official seal), which reflects the brand+model/style information;
Purchase evaluation
Formal proof of purchase: paper proof of purchase (the shopping receipt/invoice/proof of purchase is stamped with the official seal, which is the same as the name of the real-name certifier of Taobao store or Taobao member), pointing to the trademark owner or its authorized dealer, and reflecting the brand+model/style information; (Only power of attorney, no progress ... >>
Question 4: How to complain about the misjudgment of intellectual property infringement in Taobao? obtain evidence
Question 5: Taobao complains about intellectual property rights. How to avoid it? Find out what rights others accuse you of violating first, and then show your evidence to illustrate the difference between you and others and your innovation.
Taobao is just a company and has no law enforcement power. Stand up for it.
If it is a * * * department, such as the Industrial and Commercial Bureau, the Trademark Office, the Patent Office and the Copyright Bureau, then be careful.
Hehe, if it's just a Taobao seller, it's not that big, and * * * won't come forward.
Very good,
For more details, I suggest Baidu: an e-commerce intellectual.
Question 6: What should I do if Taobao is complained of intellectual property infringement? Generally speaking, this should be a trademark problem, right? What did you infringe, the text description or the product picture? What is the value involved? If it is not too big, you can remove the relevant information, send a sincere letter of apology to the intellectual property right holder, and then contact Taobao, which is estimated to be almost the same. Of course, if the amount is relatively large, it is estimated to be a bit complicated. Taobao and intellectual property rights holders will record this and must follow the procedure. As far as my experience is concerned, I hope that the infringer will send an apology letter and then promise not to make it again in the future, and then they will review it several times in about 3 months.
Question 7: What should I do if Taobao is complained of intellectual property infringement? Generally speaking, this should be a trademark problem, right? What did you infringe, the text description or the product picture? What is the value involved? If it is not too big, you can remove the relevant information, send a sincere letter of apology to the intellectual property right holder, and then contact Taobao, which is estimated to be almost the same. Of course, if the amount is relatively large, it is estimated to be a bit complicated. Taobao and intellectual property rights holders will record this and must follow the procedure. As far as my experience is concerned, I hope that the infringer will send an apology letter and then promise not to make it again in the future, and then they will review it several times in about 3 months.
Question 8: What should I do if I receive a complaint about Taobao's intellectual property rights? What will be the punishment? A kind of Taobao, if it can't rule out the possibility of its own infringement, can only be removed from the shelf and delete the relevant content of its complaint. Generally speaking, if the picture is infringing, there will be no problem after deletion. If the goods involve trademark or patent infringement, the general complainant will not pursue it too much, unless your infringement is very serious, and the complainant may seek compensation from you later.
If you have infringement, but you don't handle it within the time limit required by the complaint, the other party may take further measures, and Taobao may also take corresponding measures, such as compulsory removal.
On the other hand, if you have a legitimate reason that there is no infringement, submit relevant materials at the time required by the complaint, including the authorization certificate of relevant intellectual property rights or the reasonable source of the goods, and Taobao will make corresponding judgments after submission.
Question 9: Taobao shop was complained of intellectual property infringement. How to punish? Needless to say, in addition to the various limiting factors of Tmall Mall, it may be careless handling. Taobao rules are becoming more and more difficult for small and medium sellers. For example, my shop was complained of counterfeiting, but the information submitted for trial did exist, but it was still fined and downgraded. There is really no place to reason. But then again, it takes hard work to strike while the iron is hot. There is no formal evidence for the instability of supply and the complexity of channels, so it is difficult to ensure the safety of shops. Shopkeepers can look at factory direct sales to avoid risks and penalties. Here is a brief introduction to the appeal process after being punished:
If you are punished for infringing others' intellectual property rights, you can contact Taobao customer service to make a complaint. The process of requesting punishment for infringing others' intellectual property rights is as follows:
(1) The punished seller contacts Taobao customer service to complain about the punishment;
(2) Taobao disclosed the complainant's information and related rights certificates to the punished seller, and asked the punished seller to fill in the counter-notification;
(3) The punished seller provides Taobao with a counter-notification and proof of complaint;
(4) Taobao Legal conducted a preliminary review of the materials provided by the complainant. If it is preliminarily judged that the complaint materials are valid, Taobao will send the materials to the complainant and ask the complainant to submit counter-complaint materials within a certain period of time;
(5) If the complainant fails to provide counterclaim materials within the above period, or the counterclaim materials provided by the complainant are invalid, Taobao will revoke the previous punishment. If the complainant submits valid counterclaim materials, Taobao will feed back the situation to the complainant and suggest the complainant to safeguard his legitimate rights and interests through legal channels.
If you are punished for infringing the intellectual property rights of others because of the trademark rights of commodities, you need to provide at least one of the following documents when appealing:
(1) Withdrawal of complaint:
You can contact the complainant and explain your purchase channel. If the two sides reach an understanding, you can ask the complainant to issue a complaint cancellation letter for you, stating that the complaint is cancelled;
(2) Purchase voucher:
If your goods are purchased through formal channels, you can provide proof of purchase. However, only verifiable purchase vouchers such as invoices are valid, and receipts and purchase receipts are invalid;
(3) Authorization certificate:
If you also have brand authorization, you can provide authorization documents, such as distribution agreement and brand authorization agreement.
If a person is punished for patent infringement of other people's intellectual property rights, at least one of the following documents shall be provided when appealing:
(1) Patent certificate:
If you are the patentee of the goods you sell, you can provide a patent certificate to appeal;
(2) Complainant's purchase voucher:
If the goods you sell are purchased from the complainant, that is, the patentee, you can provide the purchase certificate to make a complaint. However, only verifiable purchase vouchers such as invoices are valid, and receipts and purchase receipts are invalid;
(3) Proof of the complainant's rights
If you think that the complainant's patent property right itself is unreasonable, you can provide proof. For example, you can prove that similar technologies and commodities have been widely used or published in domestic and foreign publications long before the complainant applied for this patent right. Please cherish the resources, you will use them when you encounter problems! ) joint information (without any information fee) is paid after success.
Question 10: How to contact Taobao's intellectual property complainant? Generally speaking, intellectual property complaints are filed by the agency, that is, the third party. If he doesn't leave his contact information in the complaint, it is generally difficult to contact them. In case of such complaints, you should complain in time. If you need help, contact me to help you analyze.