? If the defendant complains about the infringement of intellectual property rights, he can lodge a complaint within three working days after receiving the notice of infringement. The complaint channels are: seller center-report management-receiving complaints about intellectual property infringement.
If the trademark right of a commodity infringes upon the intellectual property rights of others, at least one of the following documents shall be provided when appealing:
1, complaint cancelled:
The respondent can contact and negotiate with the complainant to explain the purchase channel. If both parties reach an understanding, they can ask the complainant to issue a complaint cancellation statement, indicating that the complaint is cancelled.
2. Purchase voucher:
If the respondent's goods were purchased through formal channels, a proof of purchase can be provided. However, only verifiable purchase vouchers such as invoices are valid, and receipts and shopping receipts are invalid.
3. Authorization certificate:
If the respondent has the brand authorization, it can provide authorization documents, such as distribution agreement and brand authorization agreement.
Where the intellectual property rights of others are infringed by patent infringement, at least one of the following documents shall be provided at the time of appeal:
1, patent certificate:
If the respondent owns the patent right of the goods sold, he can provide a patent certificate to appeal.
2. Voucher for purchasing goods from the complainant:
If the goods sold 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 shopping receipts are invalid.
3, the complainant's patent certificate.
Extended data:
The main characteristics of intellectual property rights:
1. Intellectual property is an intangible property.
2. Intellectual property rights are exclusive.
3. Intellectual property rights have the characteristics of timeliness.
4. Intellectual property rights are regional.
The acquisition of most intellectual property rights requires legal procedures. For example, the acquisition of trademark rights requires registration.
The role of intellectual property rights:
1, to provide legal protection for the rights and interests of people who have completed intellectual achievements, and to mobilize people's enthusiasm and creativity in scientific and technological research and literary and artistic works.
2. It provides a legal mechanism for the popularization, application and dissemination of intellectual achievements, transforms intellectual achievements into productive forces and applies them to production and construction, resulting in enormous economic and social benefits.
3. It provides legal norms for international economic, technological, trade, cultural and artistic exchanges, and promotes the progress of human civilization and economic development.
4. As an important part of modern civil and commercial law, the legal system of intellectual property rights is of great significance to perfecting China's legal system and building a country ruled by law.
Provisions on penalties for intellectual property infringement in Taobao:
1. If the same user is sued by the same intellectual property for the first time, 4 points will be deducted;
2. If the same user is sued by the same intellectual property right again, it will be regarded as repeated infringement, and 8 points will be deducted each time. However, if the complaint is lodged again within 5 days (including 5 days) from the date of complaint establishment, no penalty will be deducted.
Warning between 12 and 24 (including 12)
Between 24 points and 36 points (including 24 points), the right is limited to 7 days.
Between 36 points and 48 points (including 36 points), the right is limited 15 days.
Between 48 points and 60 points (including 48 points), the right is limited for 30 days.
Close the account above 60 points.
Handling of serious infringement
First complaint warning
The second complaint was established for 7 days.
The right to be established after the third complaint is 15 days.
I was complained for the fourth time.
Users who have been sued for serious infringement of the same intellectual property right for three times will directly close their accounts.
Baidu encyclopedia-intellectual property