Complaint entry:/ipp.alibabagroup.com/login.htm "target =" _ blank "title =" Taobao intellectual property protection platform "> Taobao intellectual property protection platform.
Do not accept complaints of intellectual property infringement:
1, not authorized for sale.
The complainant's distribution of its products without the authorization of Taobao seller (reflecting that Taobao seller sells its products at a price lower than its price) is not an illegal infringement according to the law, and our company has no right to deal with it.
2. Trademarks are being accepted
If the complainant's trademark is still being accepted and the exclusive right to use the trademark has not been obtained, the complainant has no right to prohibit others from using the same or similar trademark as you.
3. Fair use of trademarks
Our company believes that if the product information released by the seller on Taobao is the product of the obligee, then the original logo of your product appearing on the product picture released by the seller and the name of the seller for the product in the text description do not belong to the trademark infringement stipulated by relevant laws and regulations.
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References:
The patent right of design, like the patent right of invention and utility model, is an intangible property right, and its object of rights cannot be clearly defined like tangible property. In order to reasonably protect the patent right of design, the public must be able to know the scope of protection of the patent right of design with sufficient certainty.
In the case of design patent infringement dispute, to judge whether the accused infringing product infringes the design patent right, we must first determine the protection scope of the right holder's design patent right. The determination of the protection scope of design patent right is the basis of judging the infringement of design patent.
Paragraph 2 of Article 56 of the Patent Law stipulates: "The scope of protection of the design patent right shall be subject to the product with the design patent shown in the picture or photograph." Therefore, China's patent law protects not simple designs, but designs combined with products. In this sense, the design protected by China's patent law must take the product as the carrier and cannot exist without the product. The protection scope of the patent right of design in China includes two factors: the design and the products attached to it.
References:
/qinquan.taobao.com/"target =" _ blank "title =" Alibaba-complaint handling of intellectual property infringement "> Alibaba-complaint handling of intellectual property infringement.