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What are the types of infringement on AliExpress?

Legal analysis: 1. Trademark infringement

It is a general violation for a seller to use other people’s trademarks without the permission of the right holder. If this is the first violation, you will be warned but no points will be deducted; 6 points will be deducted for each subsequent violation. If the cumulative deduction points reach 48 points, the account will be closed.

If a seller uses the same or similar trademark on the same product without the permission of the registered trademark owner, it is a serious violation and the account will be closed for three violations.

2. Patent infringement

AliExpress patent infringement mainly includes the following situations: infringement of other people's appearance patents, utility model patents, invention patents, and designs. Whether it is a general violation or a serious violation depends on the situation.

For patent infringement violations, no points will be deducted for the first violation. After the seller violates the rules again, 6 points will be deducted for each subsequent violation. For sellers with a total of 48 points, the platform will close their account.

If the seller has serious violations, the account will be closed directly after three violations in total.

3. Copyright infringement

If AliExpress sellers use copyrighted works such as text, photos, videos, music and software without authorization from the rights holder, they will be liable It is a violation of copyright infringement.

For example, your product does not actually infringe, but it misappropriates other people's copyright-protected pictures, texts and other works. This is information-level infringement; or it is physical-level infringement, such as pirated physical products or other The packaging, physical product or its packaging is not pirated but contains unauthorized copyrighted works.

For sellers who violate the rules for the first time, only a warning will be given but no points will be deducted; for each subsequent infringement and violation, 6 points will be deducted, and those who accumulate 48 points will have their accounts closed.

Legal basis: Article 65 of the "Patent Law of the People's Republic of China" without the permission of the patentee, which infringes upon the patentee's patent rights and causes disputes, shall be negotiated by the parties. If they are unwilling to negotiate or cannot reach an agreement, the patentee or interested party may file a lawsuit in the People's Court or request the patent management department to handle the matter. When the patent management department handles the case, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may, within 15 days from the date of receipt of the handling notice, comply with the "Administrative Litigation of the People's Republic of China and the People's Republic of China" Law of the People's Republic of China; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the patent management department may apply to the People's Court for compulsory enforcement. At the request of the parties concerned, the handling patent management department may mediate the amount of compensation for infringement of patent rights; if mediation fails, the parties concerned may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.