1. Pirated books and software (choose a complaint voucher)
1. A formal purchase invoice showing the title of the book needs to include:
(1) VAT invoice or ordinary invoice (2) Shopping receipt? (3) Purchase orders
2. Authorization certificate: a complete authorization relationship chain from the copyright owner to the seller's shop.
2. Picture and text infringement (you can choose one of the complaint vouchers)
1. Proof that the right holder authorizes the use of the picture: sales authorization is not recognized;
2. Copyright certificate that you enjoy the copyright of the picture: original picture, copyright registration certificate, time stamp, etc. The written work must point out that your written work is different from the complainant's work and provide copyright proof;
3. The works used come from a third party and are authorized by the third party: certificate of right+certificate of authorized use of pictures+certificate of identity of the obligee;
3. Derivatives (you can choose one of the complaint vouchers)
1. The product comes from the obligee: a formal purchase voucher that can display commodity information.
2. Proof of the right holder's authorization to use the work: the power of attorney stamped with the official seal of the right holder, and the authorization content should be the authorization to use the work (sales authorization is not recognized);
3. The works used are from a third party and authorized: certificate of right+certificate of authorized use of pictures+certificate of identity of the obligee.
4. Declare that the goods are different from the works of the obligee: the detailed comparison between the pictures of the goods and the works of the obligee needs to be combined with text descriptions.
5. Prove that you enjoy the copyright of your work: you must point out that your written work is different from the complainant's work, and provide proof of copyright, such as copyright registration certificate;
6. Public certification before the date of creation of the work: relevant certificates that can confirm the time, content, carrier and ownership of the work in the channels available to the public (such as public website certification, publicly issued newspapers and books, etc.). ).
Extended data
The crime of infringing intellectual property rights refers to the illegal use of intellectual property rights without the permission of intellectual property rights holders, which infringes on the state intellectual property management order and the legitimate rights and interests of intellectual property rights holders, and the amount of illegal income is large or the circumstances are serious. In the past, the provisions on intellectual property crimes in China were only scattered in the Trademark Law, the Patent Law, the Supplementary Provisions on Punishing Crimes of Counterfeiting Registered Trademarks and the Decision on Punishing Crimes of Copyright Infringement promulgated by the National People's Congress, and were not recognized as independent types of crimes.
First, Taobao intellectual property infringement complaints acceptance conditions
Taobao Intellectual Property Certificate:
A The complainant of Taobao Intellectual Property is the owner of Taobao Intellectual Property. Please provide patent certificate, trademark registration certificate, copyright certificate, etc.
B. The complainant himself is not the intellectual property owner of Taobao. Please provide the patent certificate, trademark registration certificate, copyright certificate, and the certification document (with the signature/seal of the intellectual property owner) that the Taobao intellectual property owner authorized the complainant to make a complaint. Because 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 Taobao's 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.
Second, Taobao's complaints about intellectual property infringement are not accepted.
1, Taobao Intellectual Property is 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. Taobao intellectual property trademark is 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. The rational use of Taobao intellectual property trademarks
Our company believes that if the product information released by the seller on Taobao is the product of the obligee, then the original logo of your product appearing on the product picture released by the seller and the name of the seller for the product in the text description do not belong to the trademark infringement stipulated by relevant laws and regulations.
Third, Taobao intellectual property complaint portal.
Copyright infringement, trademark infringement, patent infringement and other infringements, please complain to the webpage link.
Five, Taobao intellectual property acceptance time
Taobao's intellectual property infringement complaint will enter the processing flow within 4 working days. For qualified complaints, Taobao will complete the handling within 3- 10 working days after the complaint enters the handling process. The specific processing time will vary according to the complexity and form of the complaint. We accept but do not encourage other forms of effective notification. Because it needs more manpower and processes, I'm sorry that we can't guarantee that we can handle it according to the time promised above.
References:
China PUFA Network-Baidu Intellectual Property Encyclopedia-Intellectual Property Protection