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Is Taobao Store complained of serious product infringement?
I. Provisions on Punishment of Intellectual Property Infringement in Taobao

1. If the same user is sued by the same intellectual property 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 complaint is lodged again within 5 days (including 5 days) from the date of complaint establishment, no penalty will be deducted.

Warning between 12 and 24 (including 12)

Between 24 points and 36 points (including 24 points), the right is limited to 7 days.

Between 36 points and 48 points (including 36 points), the right is limited 15 days.

Between 48 points and 60 points (including 48 points), the right is limited for 30 days.

Close the account above 60 points.

Handling of serious infringement

First complaint warning

The second complaint was established for 7 days.

The right to be established after the third complaint is 15 days.

I was complained for the fourth time.

If the same user is accused of serious infringement of the same intellectual property right three times, the account will be directly blocked.

Second, the way of intellectual property infringement protection

1, Industrial and Commercial Bureau, Patent Office, Copyright Bureau (Cultural Law Enforcement Brigade).

By reporting to the Industrial and Commercial Bureau, the Patent Office and the Copyright Bureau (Cultural Law Enforcement Brigade), the infringing enterprise is required to stop the infringing act and be given administrative punishment.

(1) tip-off;

(2) A copy of the business license of the informant;

(3) Copy of trademark registration certificate, copy of patent certificate and copy of copyright registration certificate;

(4) Power of attorney;

(five) the certificate that the goods are counterfeit or infringing products;

(6) The detailed name, location, product name and outer packaging of the infringing enterprise, as well as the preliminary materials and clues to prove the infringement.

2, the public security bureau investigation and handling

Report the case to the public security organ and request criminal punishment for the responsible person of the infringer, so as to fundamentally prevent the recurrence of the infringement.

Economic investigation team

(1) Trademark case: more than 30,000, and well-known trademarks are not restricted;

(2) Patent cases and trade secret cases: more than 500,000;

(3) Copyright cases.

3. Customs investigation

Involving customs filing and customs intellectual property protection. Specifically, what is the customs protection of intellectual property rights and what intellectual property rights are protected by the customs? Simply put, the customs protection of intellectual property rights is the border protection of intellectual property rights (border explanation:), which protects the intellectual property rights related to goods when they enter or leave the country, or more simply, the customs investigates and deals with imported and exported goods that infringe intellectual property rights. Then, can intellectual property rights such as trademarks, patents, copyrights, trade secrets and technical secrets be protected by the customs? No, only trademark rights, patents, copyrights and exclusive rights of Olympic symbols are protected by the customs.

4. People's courts.

Through litigation, request the people's court to order the infringer to stop the infringement and compensate for the losses. Generally, it is under the jurisdiction of intermediate people's courts, such as Haidian, Chaoyang and Fengtai in Beijing. The difficulty is to prove the amount of compensation, which generally requires 500 thousand legal compensation.

5, other administrative departments to investigate and deal with

Pesticide-Agriculture Bureau, unable to investigate and deal with intellectual property infringement-Local quality inspection bureau reports product quality.

In concrete construction, some methods are generally combined. For example, the enterprise first entrusts a professional law firm to investigate the infringing enterprise, leads the notary office personnel to buy infringing products, conducts business negotiations with infringing manufacturers, and obtains some evidence. Then report to the local industrial and commercial department, and after the industrial and commercial investigation and seizure of infringing products, file a lawsuit with the people's court to demand compensation for economic losses. In addition, generally speaking, industrial and commercial personnel have no right to forcibly search certain areas, such as houses, and have no right to detain or take away some valuable property evidence, so this reality must be enforced by the industrial and commercial joint public security. When industrial and commercial personnel cannot forcibly search, public security personnel should apply for a search warrant to investigate and deal with specific areas within a certain period of time.

Taobao's punishment for intellectual property infringement is still very severe, so the probability of problems is relatively small, but in practice, intellectual property infringement often exists, especially on the Internet. Therefore, if there is infringement, it is necessary for Bian Xiao to log on to the lawyer 365 website and look for professional lawyer services.