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A Taobao store product has been complained about infringement of intellectual property rights. How can I appeal? What should I write in the complaint and what evidence should I upload?

If it is your own brand, file a complaint with a trademark certificate. If you are the authorized party, you can also appeal with a power of attorney.

If someone complains about intellectual property infringement, you can appeal within three working days after receiving the infringement notice. The appeal path is: Seller Center - Report Management - Received Intellectual Property Infringement Complaints.

If you are infringed on the intellectual property rights of others due to product trademark rights, you need to provide at least one of the following documents when making a complaint:

1. Complaint revocation letter:

The respondent can contact and negotiate with the complainant and explain the purchase channels to him. If both parties reach an understanding, the complainant can be asked to issue a letter of withdrawal stating that the complaint has been withdrawn.

2. Purchase voucher:

If the respondent purchased the goods through formal channels, the purchase voucher can be provided. However, only invoices and other verifiable purchase documents are valid, while receipts and purchase receipts are invalid.

3. Authorization certificate:

If the respondent is authorized by the brand, it can provide authorization certificates, such as distribution agreement, brand authorization agreement, etc.

If you are subject to infringement of other people’s intellectual property rights due to patent infringement, you need to provide at least one of the following documents when making a complaint:

1. Patent certificate:

If the respondent owns the patent rights for the goods sold, he or she can provide the patent certificate for appeal.

2. Proof of purchase from the complaining party:

If the goods sold were purchased from the complainant, the patentee, you can provide the purchase certificate to appeal. However, only invoices and other verifiable purchase documents are valid, while receipts and purchase receipts are invalid.

3. Evidence of problems with the complaining party’s patent rights.

Extended information:

The main characteristics of intellectual property:

1. Intellectual property is a kind of intangible property.

2. Intellectual property rights are proprietary.

3. Intellectual property rights have the characteristics of timeliness.

4. Intellectual property rights have regional characteristics.

5. The acquisition of most intellectual property rights requires legal procedures. For example, the acquisition of trademark rights requires registration.

The functions of intellectual property rights:

1. Provide legal protection for the rights and interests of those who have completed intellectual achievements, and mobilize people's enthusiasm and creativity in scientific and technological research and the creation of literary and artistic works.

2. It provides a legal mechanism for the promotion, application and dissemination of intellectual achievements, transforms intellectual achievements into productive forces and applies them to production and construction, generating huge economic and social benefits.

3. Provide legal guidelines for international economic, technological, trade, cultural and artistic exchanges, and promote the progress of human civilization and economic development.

4. As an important part of modern civil and commercial law, the intellectual property legal system is of great significance to improving China’s legal system and building a country ruled by law.

Taobao’s penalties for intellectual property infringement:

1. If the same user is sued for the same intellectual property for the first time, 4 points will be deducted;

2. The same user is complained again If the same intellectual property complaint is established, it will be regarded as repeated infringement, and 8 points will be deducted each time. However, if the time of the second complaint is within 5 days (including 5 days) from the date of the last point-deducted complaint from the date of establishment of the complaint, no points will be deducted.

Warning between 12 minutes and 24 minutes (including 12 points)

Between 24 minutes and 36 minutes (including 24 points), the rights are restricted for 7 days

Between 36 points and 48 points (including 36 points), the rights are limited to 15 days

Between 48 points and 60 points (including 48 points), the rights are limited to 30 days

60 points or above Close account

Handling of serious infringements

Warning for the first time the complaint is substantiated

Seven-day rights restriction for the second time the complaint is substantiated

The third time a complaint is filed, the user’s rights are restricted for 15 days

The fourth time a complaint is filed and the account is closed

A user who has been complained for serious infringement of the same intellectual property for three times in total will be directly closed. account. Baidu Encyclopedia-Intellectual Property