If you think that the complained information is not infringing, please explain it according to your actual situation and attach proof materials.
1. For patent complaints, you can initiate counter-notification from the following six aspects and attach relevant information.
1. The complained product is different from the patent.
1)
For complaints about design patents, we can point out the overall differences in appearance between the complained products and patents.
2)
For the complaint of utility model patent, it can be pointed out that the complained product is a technical point lacking patent, or the difference between the technology used by the complained product and the patented technology.
2. The public sales record of the complained product before the patent application date needs to be purchased by your own or previous users;
1)
Transaction records of Alibaba Chinese station, providing screenshot of order number and order details.
2)
The inquiry received by Alibaba International Station provides a screenshot of the inquiry.
3)
Transaction records on the AliExpress platform, providing screenshots of order numbers and order details.
4)
Transaction records on Taobao, providing order numbers and screenshots of background transactions.
Offline public sales information:
A transaction documents for selling products, such as contracts, invoices, logistics documents, etc.
B. product certification report, such as CE/SGS product certification report.
3.
Patented products have been made public before the patent application date.
1)
Network materials, such as Youku, forums and industry websites, provide links and screenshots.
2)
Patent information at home and abroad, providing patent number and screenshot of patent information.
3)
Newspapers, books and magazines, providing photos of relevant pages.
4.
You have the patent right of the complained product itself, or you have purchased the goods from a patent company.
You need to provide a patent certificate. If the patentee is not your company's name, you need to provide a power of attorney authorizing the patentee to sell the patented products to your company. The power of attorney requires the signature or seal of the patentee (if the patentee is an individual, it needs to be signed and sealed).
5. The complained product was purchased from the patentee or his agent.
You need to provide relevant purchase documents, such as contracts and invoices.
6. Other non-infringement situations
1)
Notice of acceptance of patent invalidation or confirmation of non-infringement lawsuit
2)
The patent evaluation report proves that the patent involved does not have three characteristics.
3)
Judgments of courts or administrative organs
2. For trademark complaints, you can initiate counter-notification from the following three aspects and attach relevant materials.
1. The complained product was purchased from the trademark owner or his agent.
You need to provide relevant purchase documents, such as contracts and invoices.
2. The complained product does not belong to the scope of the same or similar commodity category approved by the registered trademark.
You need to explain why you think the product does not belong to the same or similar commodity category approved by the registered trademark.
3. Other non-infringement situations, such as that you have been authorized by the trademark owner.
3. For copyright complaints, you can initiate counterclaims from the following three aspects and attach relevant materials.
1. You own the copyright of the complained work itself.
You need to provide the copyright registration certificate/legal publication, or product catalogue or commodity sales record before the completion time of the copyright owner's work.
2. The complained product was purchased from the copyright owner or his agent.
You need to provide relevant purchase documents, such as contracts and invoices.
3. Other non-infringement situations, such as that you have been authorized by the copyright owner.
note:
1, Alibaba intellectual property protection system
2. Initiate a counter-notification
3. For more operation problems, please check the help after logging in the system.