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What should I do if Taobao merchants complain about infringement of intellectual property rights when selling things?
1. Taobao goods steal other people's words and pictures

This form of infringement is the most common in the operation of Taobao stores. The so-called stealing words and pictures refers to the unauthorized use (including secondary editing) of other people's original words, pictures (including product pictures) and videos on the homepage, columns page, window, baby details and other promotional pages of the store without the permission of the original author or owner. Strictly speaking, many small sellers use secondary processed pictures of other stores.

2. Taobao stores use other people's registered trademarks or other people's names

Taobao sellers use other people's trademarks or enterprise names in their user names, store names or promotion for profit without the authorization of the owners of trademarks and names, which constitutes infringement; If the same kind of goods with this name are operated, it also constitutes unfair competition.

3. Pirated goods

This infringement mainly involves copyright. Taobao sellers illegally sell unauthorized paper and electronic publications, including pictures, words, books, videos, audio and e-books. This kind of behavior is also common.

4. Selling fake goods

This kind of behavior is extremely bad. It imitates well-known brands for sale without authorization, and the quality is often low, which can't be guaranteed after sale, which not only seriously damages the interests of counterfeit brands, but also infringes on the legitimate interests of consumers.

5. Patent Infringement

Products infringing patent rights are usually hot-selling products recognized by the market, or high-tech products. A thing is a good thing because it uses patented technology or design (patents include invention patents, utility model patents and design patents, which protect different types of technologies respectively), but it is said that it infringes because it sells for profit without the consent of the patentee.

Many shopkeepers panic when they encounter complaints, and they don't know what to do. They are worried that their shops will be penalized and they will also bear legal responsibilities. In fact, as long as sellers handle the cases of intellectual property infringement complained about in time and handle them properly, it will generally not be a big problem.

coping strategies

First of all, we should look at whether we really have infringement, and if we do, we should immediately stop the infringement, otherwise the consequences will be more serious, not only facing the punishment of Taobao market, but also having to deal with the infringement lawsuit that the other party may initiate.

Only the complaint of patent infringement will teach you how to judge whether you are really infringing: first, look at the patent number given by the other party, enter the patent number in the patent inquiry system in China National Intellectual Property Administration to check the legal status and confirm whether the patent is still valid; If yes, further check whether the patent content is the same as or similar to your own goods (it can only be said in general terms here, because except for the appearance patent, everything else needs detailed analysis, and it is recommended to find a professional patent agent). If it is similar, it can basically be determined that it is infringement.

1. Communicate with the complainant

Find out the origin of the other party, the reason of the complaint and the appeal of the other party. If it is an individual behavior, the other party will generally point out your infringement and tell you who the other party is and what the requirements are for you. For example, if there are infringing pictures and words in your store, the other party will ask you to delete them. As long as you don't continue to produce such behaviors in the future, most things will be settled. And if the other party is a specialized anti-counterfeiting company, your phone may not be answered, because they are employed by a certain brand.

Their daily job is to monitor the network infringement and make profits. If the infringement is serious, they may even blackmail money. Of course, the latter behavior is worse, and even the money will be maliciously blackmailed by the other party under less serious circumstances. If the other party only carries out network monitoring and doesn't take extra measures, you need to stop the infringement by self-inspection to prevent the other party from further actions. If you complain maliciously, you need to take up the rights protection weapons and legal weapons given by Taobao officials to safeguard your legitimate rights and interests.

2. Complain to Taobao

The operation steps are to open the complaint of intellectual property infringement received by Want Want Seller Center-Report Management, and then you will see a complaint prompt under the complained product, click Complaint, provide proof of your product's regular purchase channel,

or other evidence to prove you, and also write some words to explain that you have been wronged. Of course, if the facts are really wronged, if there are infringement facts, the other party can provide convincing evidence of infringement, and your complaint may be rejected. If the other party's monitoring is loose, your complaint will generally succeed. Even if there is infringement, you need to stop the infringement immediately. If the other party bites tightly, it can only stop the infringement according to the rules, pick up the weapons and legal weapons given by Taobao officials to safeguard its legitimate interests and prevent the other party from making excessive demands. However, their own infringement is serious, such as selling fake goods and selling works without intellectual property rights without permission, and it is useless to complain. It is the first priority to stop the infringement and fulfill the tort liability.