Infringement of intellectual property rights: refers to the information released by users on * * Baba China website (hereinafter referred to as "* * Baba") that is suspected of infringing the intellectual property rights of others.
General infringement: 1, improper use of other people's trademark rights, copyrights and other rights or use of Wangpu and domain names in published commodity information; 2, the sale of goods is suspected of improper use of other people's trademark rights, copyrights, patents and other rights; 3. The published commodity information or other information used causes confusion or misunderstanding by other users;
Intellectual property rights: refers to the right that the obligee legally enjoys to possess, use, benefit and dispose of the intellectual activities created by him, which generally includes trademark rights, patent rights and copyright, etc. These rules also include the right to portrait and the right to name an enterprise.
Serious infringement: 1, publishing and selling books, audio-visual products and software that copy their works without the permission of the copyright owner; 2. Publishing and selling goods produced by registered trademark owners or their licensees who are not in the country of origin of the goods.
Second, the handling of intellectual property infringement
(1) Deduction and treatment
1, handling of general infringement
1. If the same user complains about the same intellectual property for the first time, 4 points will be deducted. 2. If the complaint caused by the same intellectual property right of the same user is within 5 days (including 5 days) from the last complaint that was deducted, no deduction will be made; More than 5 days, as repeated complaints, repeated complaints deducted 8 points each time. 3. After the user is punished, the complainant cancels the complaint, or the user submits a counter-notice, and the result of Baba's handling of the dispute is to accept the counter-notice, then the score deducted by the user for the complaint of intellectual property infringement will be restored. However, even if the complainant cancels the complaint, the user whose account is closed because the accumulated deduction score reaches 60 points or above will not pursue the rebate value.
Complain about general infringement: 1. If the same user is sued by the same intellectual property right for the first time, 4 points will be deducted; 2. If the same user is sued by the same intellectual property right again, it will be regarded as repeated infringement, and 8 points will be deducted each time. However, if the time of complaint again is within 5 days (including 5 days) from the date of complaint establishment, no penalty will be deducted; More than 5 days, as repeated complaints, repeated complaints, 8 points each time.
Other general torts: If other general torts are established for the first time, 4 points will be deducted; For the second time and above, 8 points will be deducted; If the circumstances are serious, deduct 24 points; If the circumstances are serious, it includes but not limited to misplacing categories, using deformed characters, covering up trademarks, decorating shops, draining and other acts to escape punishment.
2. Handling of serious infringement
Be sued for the first time
warn
The second charge is established.
Power cut for 7 days
The third charge is established.
Power restriction 15 days
If the same user is accused of serious infringement of the same intellectual property right three times, the account will be directly blocked.
The fourth charge is established.
Close the account