What to do if an e-commerce company is accused of infringement?

Legal subjectivity:

1. When receiving a notice of infringement complaint, you should first understand clearly the claims of the other party, and at the same time examine whether the subject matter of your product, work, etc. being complained about is factually correct. does infringe upon the legitimate rights and interests of other parties. When infringement does occur, measures such as stopping the infringement, removing obstructions, and eliminating dangers should be taken immediately. ,2. Negotiation. Negotiate with the complaining party, inform us of the existence/non-existence of infringement of the subject matter of the dispute, and negotiate a solution. ,3. If negotiation fails, the other party can go to court to sue. We will actively respond to the lawsuit and collect and fix relevant evidence for defense. , Once infringement is discovered, most rights owners want to recover their losses. If no evidence is preserved and the infringer is contacted directly to lodge a complaint, the infringing content is likely to be removed immediately without a backup by the rights holder. In addition, network evidence has the characteristics of "immediate existence and instant destruction" and may change at any time. If the rights holder does not fix and preserve the evidence in a timely manner, it is likely that there will be insufficient evidence to support future rights protection. Currently, there are three main methods for fixing evidence of online infringement, namely litigation preservation, notarization preservation and self-preservation. , 1. Litigation preservation, here refers to pre-litigation evidence preservation, and the enforcement agency is the People's Court. Since information on the Internet can be copied, changed, or deleted at any time, online evidence is highly likely to be lost. Applying for pre-litigation evidence preservation may be subject to providing security, filing a lawsuit within a time limit, or applying for arbitration. , 2. Notarization preservation is the preservation of evidence made by the notary office based on the application of the parties. The specific method is that the notary office prints the relevant information on the Internet one by one and records the process of obtaining the evidence in detail to form an objective and complete notarization. Book. , 3. Self-preservation, there are mainly three types: direct printing, direct saving of web pages, and use of other software to save web pages for offline browsing. According to Article 65 of the Civil Procedure Law, the people's court determines the evidence that the parties should submit and the time limit based on the parties' claims and the case trial situation, that is, the time limit for producing evidence. If evidence is submitted after the time limit and refuses to explain the reasons or the reasons are untenable, the court may not accept the evidence or accept the evidence but impose a reprimand or fine. After being complained of infringement, you should first understand the infringement situation in a timely manner and negotiate with the other party to understand the other party's claims and infringement situation, and at the same time fix the evidence. Legal objectivity:

Article 179 of the "People's Republic of China and Civil Code"

The main ways to bear civil liability are:< /p>

(1) Stop the infringement;

(2) Remove the obstruction;

(3) Eliminate the danger;

(4) Return the property ;

(5) Restoration to original condition;

(6) Repair, redo, replacement;

(7) Continued performance;

(8) Compensate for losses;

(9) Pay liquidated damages;

(10) Eliminate the impact and restore reputation;