If you can make a complaint, just contact customer service
Taobao’s intellectual property infringement is mainly divided into copyrights, patents and trademarks. The required grounds for appeal vary depending on the grounds for complaint. Among them, copyrights include:
1. Pirated books and software (choose one of the appeal certificates)
1. A formal purchase invoice that can show the name of the book, which needs to include :
A. Value-added tax invoice or ordinary invoice
B. Shopping receipt
C. Purchase order;
2. Authorization Credentials: A complete chain of authorization relationships from the copyright holder to the seller’s store;
2. Infringement of pictures and text (choose one of the credentials to complain)
1. Authorized use by the rights holder Proof of pictures: Sales authorization is not recognized;
2. Copyright proof that you own the copyright of the picture: original picture, copyright registration certificate, time stamp, etc. For written works, you must indicate your own written works and the complainant’s works. Different and provide proof of copyright;
3. The works used come from a third party and are authorized by the third party: proof of rights + proof of authorization to use pictures + proof of identity of the rights holder;
3. Derivative products (you can choose one of the appeal certificates)
1. The product comes from the right holder: a formal purchase voucher that can show the product information
2. Authorized use by the right holder Proof of the work: Authorization letter stamped with the official seal of the right holder. The authorization content must be the authorization to use the work (sales authorization is not recognized);
3. The work used comes from a third party and is authorized: Rights Proof + proof of authorization to use pictures + proof of rights holder’s identity
4. State that the product is different from the rights holder’s works: a detailed comparison of the product pictures and the rights holder’s works must be combined with a text description
< p>5. Proof that you own the copyright of the work: You must point out that your written work is different from the complainant's work and provide proof of copyright, such as a copyright registration certificate;6. Public proof before the creation date of the work: Relevant certificates from channels available to the public that can confirm the time, content, carrier, and ownership of rights of the work (such as public web page certificates, publicly distributed newspapers, books, etc.).
Patents include:
1. Appearance patent infringement (choose one of the appeal certificates)
1. Existing design:
< p>A. Disclose sales records before the filing date of the complaining party’s patent (provide Alibaba and Taobao order numbers, and the pictures displayed in the order are consistent with the complaining party’s patent view);B. Other affecting complaints Information on the stability of the party's patent (webpage screenshots, literature, brochures, patent materials before the filing date, etc.);
2. Comparative explanation of inconsistencies with the complaining party's patent: pictures of the complained product page need to be provided Compare the views and design points of the complaining party's patent, including shape, pattern, and color. It is recommended to point out the differences through a combination of pictures and text;
3. Raise reasonable doubts on the stability of the complaining party's patent: invalid Declaration of decision/confirmation of non-infringement judgment;
4. The product comes from the complainant: complete authorization chain or purchase certificate from the right holder;
2. Utility model patent infringement, invention invention Patent infringement (you can choose one of the complaint certificates)
1. Existing technology:
A. Public sales records before the complainant’s patent application date (provide Alibaba, Taobao Online order number, technical comparison needs to be made between the previously recorded goods and the complaining party’s patent claims);
B. Other materials that affect the stability of the complaining party’s patent (webpage screenshots, literature, brochures etc.)
2. Proof that it does not fall within the complaining party’s patented technology: it is necessary to provide pictures of the complained product page and compare them with the complaining party’s patent claims. It is recommended to point out the differences through a combination of pictures and text; < /p>
3. Raise reasonable doubts on the stability of the complaining party’s patent: invalidation decision/confirmation of non-infringement judgment;
4. The product comes from the complaining party: a complete authorization chain from the right holder Or purchase certificate;
The last is the trademark:
1. Counterfeiting
Comparison of authenticity and authenticity (choose one of the appeal certificates)
< p>1. Authorized sales certificate: It must point to the trademark owner and the name of the authorized party in the authorization letter must be consistent with the Taobao store real-name authenticator or Taobao member name, and must reflect the brand + model/style information;< p>2. Formal purchase certificate: Paper purchase voucher (paper purchase voucher pointing to the trademark owner or its authorized dealer (shopping receipt/invoice/purchase document stamped with the official seal of the shipper), and reflecting the brand + model/ Style information;Purchase appraisal
Formal purchase voucher: paper purchase voucher (shopping receipt/invoice/official seal purchase receipt, pointed to the trademark owner or its authorized dealer, It must be consistent with the Taobao store real-name authenticator or Taobao member name), and reflect the brand + model/style information; (only a letter of authorization is issued, and no purchase certificate is not recognized)
Not produced (optional appeal certificate) One of them will do)
1. Authorized sales certificate: It must point to the trademark owner and the name of the authorized party in the authorization letter must be consistent with the Taobao store real-name authenticator or Taobao member name, and it must reflect the brand + Model/style information;
2. Formal purchase certificate: paper purchase voucher (shopping receipt/invoice/purchasing receipt stamped with the official seal of the shipper) pointing to the trademark owner or its authorized dealer, and Reflect brand + model/style information;
3. Album from the right holder or its authorized dealer: album cover + album copyright page + corresponding product page, or "Official Production Certificate": official website Link to the product complained of + screenshot of the style of the product complained of on the official website (the screenshot includes the address bar) + corresponding web link provided in the reason for the complaint;
4. Photos of the specialty store: the store’s exterior facade including the name of the specialty store must be included Photo + an overall photo of the interior of the store that is consistent with the photo of the facade and the accused party’s products hanging in the store + a separate photo of the complained product hanging + a detailed photo of the sign of the complained product;
5. Barcode query results: Dispute The product barcode can be queried using the product query in the China Article Coding Center and is related to the brand or the manufacturer authorized by the brand. A screenshot of the page (need to include the address bar) and a picture of the actual product barcode;
6 . Photos of relevant style numbers in the specialty store query system: overall photos of the complained products in the specialty store + close-up photos of product barcodes + photos displayed in the specialty store photo query system, which must clearly reflect the query results corresponding to the products + specialty store system Photo of the right holder;
2. Improper use of other people’s trademarks
Prominently use the trademark LOGO (just choose one of the appeal certificates)
1. Trademark use authorization: In the authorization letter, the name of the authorized party must be authenticated with the Taobao store's real name The name of the person or Taobao member is the same;
2. Formal purchase voucher: a paper purchase voucher (shopping receipt/invoice/official seal purchase receipt) pointed to the trademark owner or its authorized dealer, which must be compared with Taobao The store’s real-name authenticator or Taobao member’s name is the same), and reflects the brand + model/style information;
3. Sales authorization: all must point to the trademark owner and the name of the authorized party must be included in the authorization letter. Same as the Taobao store real-name authenticator or Taobao member name;
Store name infringement
Trademark use authorization: In the authorization letter, the name of the authorized party must be the same as the Taobao store real-name authenticator Or the Taobao member name is the same;
The member name is infringing
Appeals are not supported