How to complain about intellectual property infringement in Tmall Mall?

1. The complainant shall provide proof that he enjoys intellectual property rights or is authorized to complain about infringement, such as trademark certificate, patent certificate (including patent evaluation report), copyright registration certificate (including evidence of public publication of works), power of attorney for public publication and handling intellectual property complaints, etc.

2. Provide Tmall Mall with a link to the infringing product and a comparative description of the infringing product and intellectual property rights, so that Tmall Mall can determine whether the respondent constitutes infringement;

3. The respondent refuses to stop the infringement after being handled by Tmall Mall; Or, if Tmall Mall is regarded as non-infringing, the obligee can complain to the Copyright Bureau or bring a lawsuit to the people's court, asking the infringer to stop the infringement and compensate for the losses.

Punish violations of intellectual property rights

It is really necessary to increase the amount of compensation for intellectual property infringement, especially in the current situation of more infringement and piracy. The basic principle of civil relief in China has always been the so-called "leveling" principle, which emphasizes the compensation function of civil damages. In judicial practice, we have always adhered to the principle of compensation as tort relief, and strived to compensate the obligee's losses comprehensively and fully.

However, while affirming the significance of increasing the amount of tort compensation, it is still worth considering whether to introduce the so-called punitive damages system, a system with strong intellectual property rights, to protect the country. Punitive damages system is not simply to increase the amount of punishment, but a set of remedies for vicious infringement, with strict review procedures and identification standards.

In China's legislation, the amount of statutory compensation is limited to less than 500,000 yuan, and there have also been cases where the amount of tort compensation in the same situation is several times different when the courts at all levels apply it. The problem of extremely light and heavy judgment standards has become an important factor for people to question the fair administration of justice by the people's courts.

After the statutory compensation amount is increased, the judge's discretion will be further expanded. How to ensure the unity of judgment scale will be a greater challenge to judges' professional accomplishment, subjective will and practical experience. Because under the protection of higher legal compensation, the obligee will be more lazy to collect evidence, give evidence to cross-examine the loss and the infringer gain, and the compensation will be pushed to the judge's discretion.