Taobao sellers complain about product patent infringement. Once the complaint is established, it will affect merchants and sellers in three aspects.
(1) After the products sold by Taobao sellers are complained to constitute patent infringement, Taobao will punish their infringement.
(2) After the complaint of patent infringement of goods sold by Taobao sellers is established, the sellers shall immediately stop the infringement and make corresponding compensation.
The punishment system is only the infringement of the seller by Taobao platform, and the punishment measures are made.
If the seller does infringe the patent right, he will be ordered to stop the infringement, correct the infringement and compensate the patentee for the corresponding losses.
However, the amount of compensation shall be determined according to the losses suffered by the patentee or the interests obtained by the infringer; When it is difficult to determine the losses suffered by the infringer or the benefits gained by the infringer.
It can be reasonably determined by referring to the multiple of the patent license fee.
(3) After the complaint against the goods sold by Taobao sellers is established, the sellers may also bear criminal responsibility in case of serious infringement.
If the patent infringement of Taobao seller is serious and the plaintiff files a lawsuit, the seller is likely to bear the corresponding criminal responsibility.
If you need to bear criminal responsibility, it shows that the infringement has reached a certain level, which has a greater impact on sellers and shops.