You can initiate rights protection and complaints through Taobao’s intellectual property protection platform. Log in to the Taobao intellectual property protection platform and upload the scanned copy of the design patent certificate and the scanned copy of the design patent evaluation report to the Taobao intellectual property protection platform.

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Knowledge Property rights infringement complaints will not be accepted:

1. Unauthorized sales

The complaining party complained that Taobao sellers were selling their products without authorization (reflecting that Taobao sellers were selling their products below Pricing issues), it is not an illegal infringement according to the law, and our company has no right to deal with it.

2. The trademark is being accepted.

If the complaining party’s trademark is still being accepted, We have not obtained exclusive rights to the trademark, so the complaining party does not currently have the right to prohibit others from using the same or similar trademark as yours.

3. Fair use of trademarks

Our company. It is believed that if the product information published by a Taobao seller is the product of the right holder, the original logo of your product that appears on the picture of the product published by the seller and the seller's name for the product in the text description are not covered by relevant laws and regulations. Trademark infringement as defined.

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Reference:

Design patent rights are the same as invention and utility model patent rights , is an intangible property right whose object of rights cannot be defined as clearly as tangible property. To reasonably protect design patent rights, the public must be able to know the scope of protection of design patent rights with a sufficient degree of certainty.

In a design patent infringement dispute case, to determine whether the alleged infringing product infringes the design patent right, the scope of protection of the design patent right of the obligee should first be determined. The determination of the protection scope of the design patent right is based on the appearance. Basis for determination of design patent infringement.

Article 56, Paragraph 2 of the Patent Law stipulates: “The scope of protection of a design patent shall be based on the design patent product shown in pictures or photos. "It can be seen that the design protected by my country's patent law is not a pure design, but a design combined with a product. In this sense, the design protected by my country's patent law must be based on the product and cannot be separated from the product. Yes, the scope of protection of my country's design patent rights includes two factors: the design and the product to which it is attached.

Reference: /qinquan.taobao.com/"target="_blank"title="Alibaba. Alibaba-Intellectual Property Protection Infringement Complaint Handling"gt; Alibaba-Intellectual Property Protection Infringement Complaint Handling