How to report intellectual property infringement
The intellectual property report shall be reported by the Patent Office. Also prepare relevant evidence materials.
I. Copyright infringement, trademark infringement, patent infringement and other infringements
Two. Conditions for accepting complaints of intellectual property infringement
Proof of rights:
A The complainant is the intellectual property owner himself. Please provide patent certificate, trademark registration certificate, copyright certificate, etc.
B. If the complainant is not the intellectual property owner, please provide the patent certificate, trademark registration certificate, copyright certificate, and proof that the intellectual property owner authorized the complainant to make a complaint (which must be signed/sealed by the intellectual property owner).
In view of the fact that China only implements the formal examination system for utility model and design patents, there is great uncertainty about the stability of their rights. In order to safeguard the legitimate rights and interests of intellectual property rights holders and ensure the normal operation order of the platform, the patent evaluation report issued by China National Intellectual Property Administration should be provided at the same time when complaining about the utility model or design patent applied during 20 10 1.
Three. Do not accept complaints about intellectual property infringement.
1, not authorized for sale.
The complainant's distribution of its products without the authorization of Taobao seller (reflecting that Taobao seller sells its products at a price lower than its price) is not an illegal infringement according to the law, and our company has no right to deal with it.
2. Trademarks are being accepted
If the complainant's trademark is still being accepted and the exclusive right to use the trademark has not been obtained, the complainant has no right to prohibit others from using the same or similar trademark as you.
3. Fair use of trademarks
Article 57 of the Trademark Law commits any of the following acts, all of which are infringement of the exclusive right to use a registered trademark:
(1) Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;
(2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion;
(3) selling goods that infringe upon the exclusive right to use a registered trademark;
(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;
(6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;
(seven) causing other damage to the exclusive right to use a registered trademark of others.