First, contact the complainant to withdraw the lawsuit.
In fact, many sellers have problems in communicating with their suppliers, which leads to formal sales that were originally allowed by the right holders, but they have also been complained. If this is the case, contact the complainant and you can cancel the complaint smoothly.
Of course, if the respondent also thinks that he has infringed the intellectual property rights of the complainant, it is also a way to get in touch with the obligee in time and actively reconcile.
Second, take the initiative to complain.
If it does not constitute an infringement of the intellectual property rights involved in the complaint, the respondent may lodge a complaint. For different reasons of complaint, the complainant needs to provide different vouchers accordingly. The following are examples of trademarks, copyrights and patents.
For complaints about counterfeit trademarks, if the respondent directly purchases goods from the obligee, it is necessary to provide vouchers for directly purchasing goods from the obligee, and these vouchers should show information such as the trademark, model and quantity corresponding to the complained goods; If you don't purchase goods directly from the obligee, you need to provide formal purchase vouchers and the authorization of the obligee, that is, the chain formed by these evidences should point to the obligee. For complaints about prominent use of trademark marks, it is necessary to provide trademark authorization certificate or formal purchase certificate. If the goods are not purchased directly from the obligee, the power of attorney of the obligee is also required.
For piracy complaints, you need to provide formal purchase vouchers. If you don't buy goods from the obligee, you need to provide the power of attorney of the obligee. For the complaint of stealing pictures/words, it is necessary to provide proof that the right holder authorizes the use of pictures/words. In this case, it is not feasible to provide proof of purchase or sales authorization. If the respondent has proof of the copyright of the picture/text, submit the proof.
As for complaints about patent infringement, the situation is quite complicated. First of all, you can provide proof that the product comes from the right holder or the first user; Secondly, you can provide proof of prior sales at home and abroad before the patent application date or published documents at home and abroad (that is, information that can prove that it belongs to the existing design or existing technology), and the proof or information provided must show the appearance of the product or reflect the technical scheme of the patent; Third, it can provide an analysis report that the product appearance is obviously different from the complainant's patent, or the technical scheme of the product does not fall within the scope of the complainant's patent protection; Finally, you can provide evidence to prove that the complainant's patent right is unstable or nonexistent, such as patent evaluation report, patent search report, copy of patent register showing the termination of patent right, etc.
The time for the respondent to file a complaint is very short and needs to be completed within three working days. If the time limit is exceeded, the complaint entrance will be closed. After the complaint, the complainant will review it within 3 working days. If the complainant asks Taobao customer service to intervene, it will take 3-5 working days to review, and the complaint review period cannot be expedited. It is worth mentioning that the opportunity to appeal is very valuable. There are only two appeals for each complaint. If both appeals are invalid, there is no entrance for online appeals.