Provisions on Punishment of Intellectual Property Infringement in Taobao

Legal analysis: Taobao's punishment for intellectual property infringement is that intellectual property infringement generally includes trademark infringement, patent infringement and copyright infringement. If the same user is found by the same intellectual property complaint for the first time, 4 points will be deducted; If the same user is found guilty of the same intellectual property complaint again, it will be regarded as repeated infringement, and 8 points will be deducted each time. However, if the time for complaining again is within 5 days (including 5 days) from the date of complaint establishment, no points will be deducted; 12 to 24 (including12); 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), right limit 15 days; Between 48 points and 60 points (including 48 points), the right is limited for 30 days; More than 60 points, cancel the account.

Legal basis: Article 54 of the Copyright Law of People's Republic of China (PRC).

If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual loss of the obligee or the illegal income of the infringer; If it is difficult to calculate the actual loss of the obligee or the illegal income of the infringer, compensation may be made with reference to the use fee. In case of intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be paid at least one time but not more than five times the amount determined by the above method.

If it is difficult to calculate the actual loss of the obligee, the illegal income of the infringer and the royalty, the people's court shall award compensation of more than 5 million yuan to 500 yuan according to the circumstances of the infringement.

The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.

In order to determine the amount of compensation, the obligee has fulfilled the necessary burden of proof, and the books and materials related to the infringement are mainly in the hands of the infringer, the people's court may order the infringer to provide the books and materials related to the infringement; The infringer does not provide or provide false account books, materials, etc. The people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.

In handling copyright disputes, the people's court shall, except in special circumstances, order the destruction of infringing copies at the request of the obligee; Materials, tools and equipment mainly used for making infringing copies shall be ordered to be destroyed free of charge; Or under special circumstances, it shall be ordered to prohibit the aforementioned materials, tools and equipment from entering the commercial channels free of charge.