if you think that the complained information is not infringing, please explain it according to your actual situation and attach the supporting materials.
1. You can initiate a counter-notice from the following six aspects and attach relevant information
1. There are differences between the complained product and the patent
1)
For the complaint of the design patent, you can point out the overall differences in appearance between the complained product and the patent
2)
For the complaint of the utility model patent, you can point out that the complained product lacks the 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, which needs to be your own or purchased by the previous user:
1)
the transaction record at Alibaba Chinese Station, providing the screenshot of the order number and order details
2)
The inquiry received at Alibaba International Station, Provide screenshot of inquiry
3)
Transaction records on AliExpress platform, provide screenshot of order number and order details
4)
Transaction records on Taobao, provide screenshot of order number and background transaction
Offline public sales information:
A. Transaction vouchers for selling this product, such as contracts, invoices, logistics documents, etc. < p For example, CE/SGS product certification report
3.
Patented products have published
1)
webpage materials, such as those on Youku, forums and industry websites, providing links and screenshots of webpages
2)
Patent materials at home and abroad, providing screenshots of patent numbers and patent information
3) < Provide photos of relevant pages
4.
You have a patent right to the complained product itself or you have purchased goods from a patented company
You need to provide a patent certificate. If the patentee is not your company's name, you need to provide an authorization from the patentee to sell patented products to your company, and the authorization must be signed or sealed by the patentee (if the patentee is an individual, it needs to be signed, If the patentee is a company, it needs to be stamped)
5. The complained product was purchased from the patentee or its agent
You need to provide relevant purchase vouchers. Such as contracts, invoices, etc.
6. Other cases of non-infringement
1)
Notice of acceptance of patent invalidation or confirmation of non-infringement lawsuit
2)
Patent Evaluation Report proves that the patent involved does not have three characteristics
3)
Judgment of the court or administrative organ
2. You can complain about trademarks from the following three aspects. And attach relevant information
1. The complained product was purchased from the trademark owner or his agent
You need to provide relevant purchase vouchers, such as contracts, invoices, etc.
2. The complained product is not within the scope of the same or similar commodity category approved by the registered trademark
You need to explain why you think the product is not within the scope of the same or similar commodity category approved by the registered trademark
3. Other non-infringing. If you have been authorized by the trademark owner, etc.
3. You can initiate a counter-notice from the following three aspects and attach relevant information
1. You enjoy the copyright of the complained work itself
You need to provide a copyright registration certificate/legal publication, etc. Or the 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 its agent
You need to provide relevant purchase vouchers, such as contracts and invoices
3. Other non-infringement situations, such as you have been authorized by the copyright owner
Note:
1. Alibaba's intellectual property protection system
2.