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Will Taobao infringement be punished?

When there is an infringement on Taobao, legal liability will be determined based on the consequences of the damage. Generally, it only constitutes a civil infringement, and you may be liable for compensation, but you will not be subject to criminal liability. . Then I will introduce to you the relevant content about whether Taobao infringement will be punished.

1. Will Taobao infringements be punished? Generally, infringements will not be punished. However, if the product is infringing, according to legal provisions, if the industrial and commercial administrative department determines that the infringement is established, it will order the infringement to be stopped immediately, and the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks will be confiscated and destroyed. , if the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed; if there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

2. How will Taobao be punished for intellectual property infringement? Points will be deducted: 1. The complaint is established: (1) Within 2 working days of the proof period, delete the supply product information or album pictures corresponding to the complaint , pictures in other sections of Wangpu will be deducted 1 point each time. (2) For manual intervention, 2 points will be deducted each time, and the supply product information or album pictures and pictures in other sections of Wangpu corresponding to the complaint will be deleted. 2. Complaints made by the same right holder against the same seller within three days will be deemed as one complaint.

3. What are the conditions for determining copyright infringement? The following three conditions must be met for copyright infringement: 1. There is a fact of infringement, that is, the perpetrator has not obtained the permission of the copyright owner and has not used it in accordance with the copyright law. conditions, unauthorized use of the copyright holder's works, as well as performances, audiovisual products and radio and television programs. Copyright infringement does not require the consent of the author or other copyright holders, nor does it fall under fair use or statutory use. This is unauthorized use of the work, and is therefore a violation of copyright law. This kind of infringement may not only cause damage to other people's personal rights of copyright, but also may cause damage to other people's copyright property rights, and may also damage other people's personal rights and property rights of copyright at the same time. For example, illegally copying other people's works may only infringe others' copyright property rights, while counterfeiting other people's works often infringes other people's personal rights and property rights at the same time. 2. The behavior is illegal. Copyright is an absolute right, and everyone is responsible for the obligation of inaction not to infringe this right. Others must abide by copyright law and other relevant legal provisions when using copyrighted works. If an actor violates the provisions of the law, his behavior is illegal. As for works that are not protected by my country's copyright law, works that have not been copyrighted, or "works" that have entered the public domain, there is no infringement issue when others use them. 3. The perpetrator is subjectively at fault. The so-called fault refers to the infringer’s psychological state regarding his infringement and its consequences, including intentional and negligent forms. The vast majority of copyright infringements are intentional; there are also a few that can be caused by intentionality or negligence. Distinguishing the form of fault has certain significance in determining the legal liability of the tortfeasor. Generally speaking, the legal liability for intentional torts is heavier than the legal liability for negligent torts. The above is the content collected by the editor about whether Taobao infringement will be punished. I hope it will help you with your doubts. To sum up, most Taobao infringements only constitute civil legal disputes and do not require a prison sentence. However, when the infringement is serious, it violates the criminal law and requires a prison sentence.