Can complain about product infringement. During the complaint process, Alibaba did not actually determine patent infringement on the product or the other party's patent (Alibaba does not have this right and ability, because whether there is patent infringement can only be determined by the intermediate people's court or above).
However, Alibaba has the right to request a non-infringement statement, which is what Alibaba calls a counter-notification. If sufficient evidence and explanation cannot be provided, Alibaba will default to the existence of infringement and have the right to request legal action against the alleged infringement. The displayed products are removed from the shelves.
Extended information:
The harm of infringement
In China’s copyright law, the laws related to image copyright are very sound, and it is very easy to obtain evidence of piracy. In the infringement lawsuits that have occurred in recent years, the owners of genuine pictures have almost all won their cases. Some companies do not pay attention to the issue of image copyright and use pirated images in advertising and publicity. The consequences are:
1. Infringement compensation
Generally 10 times the sales price above. Another compensation standard is to compensate based on the profits created by the pirated pictures. In this case, the amount of compensation may be as high as hundreds of thousands of yuan.
2. Loss of early publicity expenses
Companies often spend millions on advertising. If there is a lawsuit caused by pirated pictures, all advertising will have to be withdrawn. The impact is not just a matter of picture compensation.