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Xianyu intellectual property complaints will not be handled

When the party concerned receives a notice of an intellectual property infringement complaint, it should contact the alleged infringer as soon as possible and actively communicate.

Intellectual property infringement refers to the behavior of an actor who objectively infringes upon the property rights or personal rights of others’ intellectual property rights and should bear civil liability. Infringement is the trampling and deprivation of the labor of the creators of intellectual property, and it is a corrosive agent that harms scientific and technological progress and cultural prosperity. Intellectual property infringement generally includes trademark infringement, patent infringement, and copyright (ie copyright) infringement.

Identification of intellectual property infringement:

In the current intellectual property law, there are four ways to express the provisions of intellectual property infringement:

1. Clear provisions In the legal liability chapter of the corresponding law, after the same article stipulates civil and other legal liabilities, the infringements that should be investigated for civil liability are listed one by one, such as copyright law and computer software protection regulations.

2. It is stipulated that in the chapter on intellectual property protection, there is a special article that stipulates infringement activities, and another special article that stipulates the legal liability for these behaviors, such as trademark law.

3. There is a special article in the general provisions of the law that stipulates that infringement of patent rights is prohibited by law, while a special article in the chapter on rights protection lists behaviors that are not regarded as infringement of patent rights and are not liable. Behaviors that are liable for compensation, and the legal responsibilities that should be investigated are stipulated in this chapter.

4. There is a special chapter that stipulates infringement or illegal behavior, and a special chapter stipulates the legal responsibilities that should be investigated. If it is not To sum up, the fair competition law generally stipulates the content of corresponding intellectual property rights, enumerates and stipulates infringements, exclusions and restrictions, as well as the legal responsibilities that should be borne.

Legal liabilities are generally civil legal liabilities and administrative legal liabilities. Therefore, when we identify intellectual property infringement, we must pay attention to all the legal facts required by intellectual property laws to determine the infringement fact, that is, the legal fact system necessary for infringement. Avoid any one-sided and subjective view of the problem. This is especially important for judges trying cases.

If a Taobao product is complained of infringing on intellectual property rights: (1) If the product is subject to infringement of intellectual property rights due to trademark rights, at least one of the following certificates must be provided when making a complaint: 1. Complaint withdrawn Letter: The respondent can contact and negotiate with the complainant and explain the purchase channels to him. If both parties reach an understanding, the complainant can be asked to issue a complaint revocation letter stating that the complaint has been withdrawn; 2. Purchase voucher: If the respondent's goods were purchased through formal channels, the purchase voucher can be provided. However, only invoices and other verifiable purchase vouchers are valid. Receipts and purchase receipts are invalid; 3. Authorization voucher: If the respondent is authorized by the brand, it can provide authorization vouchers, such as distribution agreement and brand authorization agreement. wait. (2) If you are subject to infringement of other people's intellectual property rights due to patent infringement, you need to provide at least one of the following certificates when making a complaint: 1. Patent certificate: If the respondent owns the patent rights for the goods sold, you can provide a patent certificate Make a complaint; 2. Proof of purchase from the complaining party: If the goods sold are purchased from the complainant, the patentee, you can provide the purchase certificate to appeal. However, only invoices and other verifiable purchase vouchers are valid. Receipts and purchase receipts are invalid; 3. Evidence of problems with the complaining party’s patent rights

To sum up, the editor’s opinion of Xianyu The answer given by Intellectual Property Complaint Not Handled, I hope it can help you.

Legal basis:

Article 60 of the "Patent Law of the People's Republic of China" without the permission of the patentee, exploiting the patentee shall infringe the patentee's patent rights and cause Disputes shall be resolved through negotiation between 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 administration department to handle the matter.

If the patent management department 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 provisions of the People's Republic of China *** and the Administrative Litigation Law of the People's Republic of China to file a lawsuit in the People's Court; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the department managing patent affairs may apply to the People's Court for compulsory enforcement.

At the request of the parties, the patent management department that handles the matter may mediate the amount of compensation for infringement of patent rights; if mediation fails, the parties may mediate the amount of compensation in accordance with the Civil Procedure Law of the People's Republic of China and the People's Republic of China. File a lawsuit with the People's Court.

Intellectual property rights in our country include copyrights, patents, trademarks, etc., and there are many infringements of intellectual property rights. Those who infringe on intellectual property rights need to bear civil liability for compensation.