Legal subjectivity:

1. Taobao Intellectual Property Infringement Penalty Regulations

1. The same user will be deducted 4 points if the same intellectual property complaint is established for the first time;

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2. If the same user is sued for the same intellectual property again, it will be deemed as repeated infringement and 8 points will be deducted each time. However, the time of the second complaint is within 5 days from the date of the last complaint for which points were deducted ( 5 days inclusive), no points will be deducted;

3. Between 12 points and 24 points (including 12 points) warning;

4. Between 24 points and 36 points (Inclusive of 24 points) 7-day limit;

5, 36-48 points (including 36 points) 15-day limit;

6, 48-60 points Between (including 48 points), the rights will be limited for 30 days;

7, 60 points or above, the account will be closed.

Handling of serious infringements:

The first time the complaint is established, a warning will be given.

The second complaint was established and the rights were restricted for 7 days.

The third complaint was established and the rights were restricted for 15 days.

The fourth complaint was established and the account was closed.

If the same user is accused of serious infringement of the same intellectual property three times in total, the account will be closed directly.

Taobao’s penalties for intellectual property infringement

II. What are the ways to protect intellectual property infringement

1. Investigation and punishment by the Industrial and Commercial Bureau, investigation and punishment by the Patent Office, and Copyright Office (Culture) Law Enforcement Brigade) Investigation and Punishment

By reporting to the Industrial and Commercial Bureau, Patent Office, and Copyright Bureau (Cultural Law Enforcement Brigade), the infringing enterprises are required to stop infringement and administrative penalties are imposed on them.

(1) Report letter;

(2) Copy of the reporter’s business license;

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

(4) Letter of authorization;

(5) Certificate of identification that the product is a counterfeit or infringing product;

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

2. Investigation and Punishment by the Public Security Bureau

Report to the public security organ and request criminal punishment for the person responsible for the infringement, so as to fundamentally prevent the infringement from happening again.

Economic Investigation Brigade

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

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

(3) Copyright cases.

3. Customs investigation

Involves customs filing and customs intellectual property protection. Specifically, what is customs protection of intellectual property rights, and what intellectual property rights are protected by customs? Simply put, customs protection of intellectual property rights is border protection of intellectual property rights (border interpretation). When goods enter and leave the country, the intellectual property rights related to the goods are implemented. Protection, or to put it more simply, means that customs investigates and punishes import and export goods that infringe on intellectual property rights. So, can all intellectual property rights such as trademarks, patents, copyrights, trade secrets, technical secrets, etc. be protected by customs? No, only trademark rights, patent rights, copyrights, and the exclusive rights to the Olympic logo are protected by customs.

4. Litigation in the People's Court

Through litigation, request the People's Court to order the infringing party to stop the infringement and compensate for losses. Generally, it is under the jurisdiction of the Intermediate People's Court, such as Beijing Haidian, Chaoyang, Fengtai, etc. The difficulty lies in proving the amount of compensation, which generally requires a statutory compensation of 500,000 yuan.

5. Investigation and punishment by other administrative departments

Pesticide-Agricultural Bureau, unable to investigate and deal with intellectual property infringement-local Quality Inspection Bureau reported product quality.

Taobao’s Penalty Regulations for Intellectual Property Infringement

In specific fraud, certain methods are usually used in combination. For example, an enterprise first entrusts a professional law firm to investigate the infringing enterprises, and leads the notary office personnel to purchase infringing products, conduct business negotiations at the infringing manufacturers, and obtain some evidence.

Then report it to the local industrial and commercial department, and after the industrial and commercial investigation and seizure of the infringing products, you file a lawsuit with the People's Court to demand compensation for economic losses. In addition, generally speaking, industrial and commercial personnel do not have the right to forcibly search certain areas, such as residential buildings, nor do they have the right to detain or take away evidence of valuable property. In such a reality, industrial and commercial personnel must jointly enforce the law with the public security forces. When it is impossible to forcibly search industrial and commercial personnel, public security officers shall apply for a search warrant to investigate and deal with specific areas at certain times.

3. What is patent right?

Patent right is a type of intellectual property rights and is protected by law. Patent right is the exclusive right to implement an invention enjoyed by the inventor or right holder for a certain period of time. Of course, if the protection period of the patent right expires, the patent right will no longer be protected. The law is objective:

"Patent Law of the People's Republic of China"

Article 65

The amount of compensation for infringement of patent rights shall be determined according to the reason of the right holder. The actual loss suffered by the infringement shall be determined;

If the actual loss is difficult to determine, it can be determined according to the benefits obtained by the infringer due to the infringement. If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. If it is difficult to determine the loss of the right holder, the benefits obtained by the infringer and the patent license fee, the people's court may determine the amount of RMB 10,000 to RMB 1 million based on factors such as the type of patent right, the nature and circumstances of the infringement, etc. compensation.