1. What materials should be prepared for Taobao's intellectual property complaint?
1. existing design: it is necessary to provide public sales records earlier than the date when the complainant applied for a patent, such as the order number of Alibaba, and the pictures displayed in the order should be consistent with the patent drawings provided by the complainant.
2. If it is inconsistent with the patent drawing provided by the complainant, compare the picture of the complainant's goods with the picture of the seller's complained goods, and highlight the differences in design points, such as shapes and patterns.
3. Put forward reasonable doubts about the stability of the complainant's patent: if the patent applied by the complainant is invalid or has expired, the seller must provide relevant certificates.
4. Authorization certificate: provide the complete authorization link of the obligee or the certificate of purchasing goods from the complainant.
Among them, in the power of attorney or purchase order, the authenticator of the store must point to the obligee, and the four corners of the photo that provides the certificate should be clear and complete, and all information cannot be blocked.
Second, what are the conditions for complaining about the infringement of appearance patents?
(1) There is an object of infringement: that is, the infringement must be a patented product or method protected by the patent law, and the implementation of a patent that has been declared invalid or abandoned does not constitute infringement;
(2) There are legal infringements: such as manufacturing, using, selling or promising to sell or import other people's patented products, or using other people's patented methods to use, sell or import products directly obtained by this method;
(3) for the purpose of production and operation: that is, for the purpose of making profits, the patented technology is specially used for scientific research and experiments.
The act of manufacturing or using patented products or patented methods for non-profit purposes such as hobbies or personal use is not patent infringement;
(4) Without the permission of the patentee: If it is carried out with the permission or acquiescence of the patentee, it does not constitute infringement.