What should I do if Taobao receives an intellectual property complaint? Look carefully and you will see that it is fake and a big brand. They are relatively low-level imitations, and the genuine ones are a bit expensive. Many store owners have never bought genuine products, which is normal. As a Taobao store owner, there are really not many such big brands. Some store owners don’t know the grade or brand of the products they sell, so they sell them on Taobao stores. What can they do? They were complained by the intellectual property rights protection platform. If they are lucky, they just delete the products, and some stores will charge them. Points. Some shop owners are not so lucky and will be sued by offline courts for rights protection claims. Don't be a rights holder. The cost of suing and defending rights in court is very high. In fact, the opposite is true. Generally, it will be outsourced to an intellectual property commercial rights protection company, using a full-risk agency, and the court will determine the infringement and the compensation will be divided into cooperation models. There is no cost for the right holder to file a lawsuit in court, and there will be a share of the infringement compensation and profits.

Detailed answers on how Taobao responds to intellectual property complaints (specific methods and methods). Generally, intellectual property complaints are infringements of trademarks, copyrights, and patents on products sold in your store. Trademark: This should not need explanation. Copyright: Generally refers to the product introduction content in your product details, such as text, photos, etc. Patents: including designs, utility models and inventions. Generally speaking, if you complain about trademarks or copyrights, as long as Taobao passes the complaint, the product will be removed from the shelves and points will be deducted. But patents do not have a three-day appeal period. The first appeal is very important, and it only lasts three days. The required grounds for appeal vary depending on the grounds for complaint. Among them, copyrights include: 1. Pirated books and software (you can choose one of the appeal certificates) 1. A formal purchase invoice that can show the name of the book, which needs to include: A. Value-added tax invoice or ordinary invoice B. Shopping receipt C. Purchase order; 2. Authorization certificate: the complete authorization relationship chain from the copyright owner to the seller's store; 2. Picture and text infringement (choose one of the complaint certificates) 1. Proof that the rights holder authorizes the use of pictures: sales authorization No approval; 2. Proof of copyright for the picture copyright you own: original picture, copyright registration certificate, timestamp, etc. For written works, you must point out that your written works are different from the complainant’s works and provide proof of copyright; 3. The works used come from Third party, and authorized by the third party: proof of rights + proof of authorized use of pictures + proof of identity of the right holder; 3. Derivative products (choose one of the appeal certificates) 1. The product comes from the right holder: able to display product information Formal purchase certificate 2. Proof that the right holder authorizes the use of the work: a letter of authorization with the official seal of the right holder. The authorization content must be the authorization to use the work (sales authorization is not recognized); 3. The work used comes from a third party and is authorized : Proof of rights + Proof of authorization to use pictures + Proof of rights holder’s identity 4. Statement that the product is different from the rights holder’s works: Detailed comparison diagram of product pictures and rights holder’s works, must be combined with text description 5. Proof that you own the copyright of the work: required Point out that your written work is different from the complainant's work and provide proof of copyright, such as a copyright registration certificate; 6. Public proof before the creation date of the work: Confirm the time, content, and carrier of the work's public release through channels available to the public , rights ownership and other relevant certificates (such as public web page certificates, publicly distributed newspapers, books, etc.).

Patents include: 1. Appearance patent infringement (you can choose any one of the appeal certificates) 1. Existing design: A. Public sales records before the complainant’s patent application date (provide Alibaba and Taobao order numbers, and display them in the order The picture is consistent with the view of the complaining party’s patent); B. Other materials that affect the stability of the complaining party’s patent (webpage screenshots, literature, brochures, patent materials before the filing date, etc.); 2. Comparative explanation of inconsistencies with the complaining party’s patent: It is necessary to provide pictures of the product page under complaint with the views and design points of the complaining party's patent, including shape, pattern, and color. It is recommended to point out the differences through a combination of pictures and text; 3. Raise reasonable doubts on the stability of the complaining party's patent: Invalidation decision/confirmation of non-infringement judgment; 4. The product comes from the complaining party: complete authorization chain or purchase certificate from the right holder; 2. Utility model patent infringement, invention patent infringement (please choose one of the complaint certificates) 1 , Existing technology: A. Disclose sales records before the filing date of the complaining party’s patent (provide Alibaba and Taobao order numbers, and make technical comparisons between the goods in the previous records and the complaining party’s patent claims); B. Others Materials that affect the stability of the complaining party's patent (webpage screenshots, literature, brochures, etc.) 2. Proof that it does not fall into the complaining party's patented technology: pictures of the complained product page need to be provided for comparison with the complaining party's patent claims. It is recommended to use pictures Point out the differences through a combination of documents; 3. Raise reasonable doubts on the stability of the complaining party’s patent: invalidation decision/confirmation of non-infringement judgment; 4. The product comes from the complaining party: a complete authorization chain or purchase certificate from the right holder; finally Is it a trademark: 1. Comparison of counterfeits and authenticity (just choose one of the appeal certificates) 1. Authorized sales certificate: it needs to point to the trademark owner and the name of the authorized party in the authorization letter, and it must be with the Taobao store real-name authenticator or Taobao member The name must be consistent and must reflect the brand + model/style information; 2. Formal purchase certificate: paper purchase voucher (paper purchase voucher (pointing to the trademark owner or its authorized dealer) (shopping receipt/invoice/stamped with the official seal of the shipper) Purchase receipt), and reflect the brand + model/style information; purchase identification formal purchase receipt: paper purchase receipt (shopping receipt/invoice/official seal purchase receipt) directed to the trademark owner or its authorized dealer, which must be contacted by the Taobao store The real-name certifier or Taobao member name is the same), and reflects the brand + model/style information; (only a letter of authorization is issued, and no purchase certificate is not recognized) Not produced (you can choose one of the appeal certificates) 1. Authorized sales certificate: It must point to the trademark owner and the name of the authorized party in the authorization letter must be consistent with the Taobao store real-name authenticator or Taobao member name, and must reflect the brand + model/style information; 2. Formal purchase certificate: Point to the trademark owner or his authorization The dealer’s paper purchase receipt (shopping receipt/invoice/purchasing receipt stamped with the official seal of the shipper), and reflecting the brand + model / style information; 3. Album from the rights holder or its authorized dealer: album cover + Album copyright ownership page + corresponding product page, or "official production certificate": official website link to the product complained of + official website screenshot of the product style complained of (the screenshot includes the address bar) + corresponding web link provided in the reason for complaint; 4. Store photos : It must include a photo of the store’s exterior facade including the name of the store + an interior view of the store that is consistent with the facade photo and an overall photo of the accused party’s product hanging in the store + a separate photo of the complained product hanging separately + a detailed photo of the sign of the complained product; 5. Barcode Query results: The barcode of the disputed product can be queried using product query in the China Article Coding Center and is related to the brand or the manufacturer authorized by the brand. Screenshot of the page (need to include the address bar) and pictures of the actual product barcode; 6. Specialty stores Photos of relevant model numbers in the query system: overall photo of the complained product in the store + close-up photo of the product barcode + photo of the display in the photo query system of the store, which must clearly reflect the query results corresponding to the product + photo of the right holder of the store system ; 2. Improper use of other people’s trademarks and prominent use of trademark LOGO (just choose one of the appeal certificates) 1. Trademark use authorization: In the content of the authorization letter, the name of the authorized party must be consistent with the Taobao store real-name authenticator or Taobao member name; 2. Formal purchase voucher: a paper purchase voucher (shopping receipt/invoice/official seal purchase receipt, which must be consistent with the Taobao store’s real-name authenticator or Taobao member name) pointing to the trademark owner or its authorized dealer, and reflecting the brand +Model/style information; 3. Sales authorization: all must point to the trademark

The rights holder and the name of the authorized party in the content of the authorization letter must be consistent with the name of the real-name authenticator of the Taobao store or the Taobao member name; Authorization to use the infringing trademark of the store name: In the content of the authorization letter, the name of the authorized party must be consistent with the name of the real-name authenticator of the Taobao store Or the Taobao member name is the same; appeals are not supported for member name infringements

Will a Taobao store lose money if it is successfully complained by an online school for intellectual property infringement? If a Taobao store is complained by an online school for intellectual property infringement, there is no need to pay compensation if the complaint is passed. . Generally, the penalties of Taobao's intellectual property platform complaint mechanism only include point deductions for stores, deletion of links, removal of products from shelves, and closure of stores, which do not involve claims. You can rest assured about this. However, if a store is complained of intellectual property infringement, it will definitely affect the store. Infringing products will be blocked and removed from the shelves, and your store will also have points deducted or even be withdrawn. Therefore, it is best not to sell products that infringe other people's intellectual property rights. If the other party only complains about your intellectual property infringement on the Taobao platform, the main purpose should be to stop your infringement and remove the infringing products from the shelves. As for whether there are any other demands in the future, it depends on whether the online school makes a claim for compensation later. Faced with this situation, don't panic. As long as it is handled in time and properly, the problem will generally not be too big. First, you can try to appeal to Taobao and submit proof of the formal purchase channels of your products or other provable evidence. However, if there is already an infringement fact and the other party can provide more convincing evidence, then the appeal is very likely. was dismissed. It is recommended that you remove the infringing products from the shelves as soon as possible to show that you have corrected your attitude. If the online school has not made a request to sue for compensation, it does not need to compensate, but not claiming compensation now does not mean that it will not claim later. If an online school makes a claim for compensation, it depends on whether it will be resolved through private negotiation or through legal means. Afterwards, actively communicate with the online school to show that you are aware of the mistake and have corrected it. As long as you no longer continue the infringing behavior, it will be settled in most cases. However, if the online school has the purpose of claiming compensation and wants to negotiate a settlement privately, that is also a more acceptable way, but it is best to follow formal procedures to negotiate compensation. However, if an online school proposes an obviously excessive and unreasonable amount of compensation during negotiation and communication, and maliciously demands high compensation when the infringement is not serious, it is best not to agree and stop the infringement as soon as possible. Then pick up the platform's official rights protection weapons and legal weapons to safeguard your own legitimate rights and interests. At the worst possible outcome, you will go to court together and the judge will decide the ultimate responsibility. In this case, you need to actively respond to the lawsuit and find evidence and materials for your defense. However, here is a reminder to sellers on e-commerce platforms that it is best not to sell infringing and counterfeit goods, or engage in other behaviors that infringe on the rights of others. Otherwise, there is a risk of being complained and claimed by the rights holder, and other consumers may be informed of the fake product and buy fake products, requiring compensation of three for every fake product. If you sell pirated online course materials on an e-commerce platform and are sued by the rights holder in court, you will have to bear the responsibility of stopping the infringement, apologizing, eliminating the impact, and compensating for losses. You may also be fined by relevant departments. If the amount of information sold reaches a certain amount, there is a risk of facing criminal penalties and being sentenced. Nowadays, when encountering intellectual property infringement in real life, most people pursue commercial rights protection, that is, find a professional third-party intellectual property commercial rights protection company to handle infringement claims. Intellectual property commercial rights protection companies generally take the route of filing cases in offline courts and suing for claims.