1. If the same user is complained against the same intellectual property for the first time, 4 points will be deducted. 2. If the same user is complained against the same intellectual property again, it will be regarded as a repeated infringement and 8 points will be deducted each time. However, the time of the second complaint is within 5 days (including 5 days) from the date of the last complaint for which points were deducted. , no points will be deducted. 3. Warning between 12 points and 24 points (including 12 points). Nowadays, people realize that intellectual property rights are becoming more and more important, so various methods are used to protect intellectual property rights. Such as Taobao. So what are the penalties for intellectual property infringement on Taobao? Regarding this issue, I will give you a brief analysis below, hoping it will be helpful to you.
1. Taobao Intellectual Property Infringement Punishment Regulations 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 sued for the same intellectual property again, and it will be regarded as repeated infringement. Each time 8 points will be deducted, but no points will be deducted if the second complaint is made within 5 days (including 5 days) from the date of establishment of the last complaint; 3. Between 12 points and 24 points (including 12 points) ) Warning; 4. Between 24 points and 36 points (including 24 points), the permission is restricted for 7 days; 5. Between 36 points and 48 points (including 36 points), the permission is restricted for 15 days; 6. Between 48 and 60 points (Including 48 points) Limited access for 30 days; 7, 60 points or above, the account will be closed. Handling of serious infringements: If the first complaint is established, a warning will be given. The second time the complaint was established, the rights were restricted for 7 days. The third time the complaint was established, the rights were restricted for 15 days. The fourth time the complaint was established, the account was closed. If the same user is sued for serious infringement of the same intellectual property three times in total, the account will be closed directly.
II. Intellectual Property Infringement Protection Methods
1. Investigation and punishment by the Industrial and Commercial Bureau, Patent Office and Copyright Bureau (Cultural Law Enforcement Brigade) Cultural Law Enforcement Brigade) reported, requiring the infringing enterprises to stop infringement, and at the same time imposed administrative penalties on them. (1) Report letter; (2) Copy of the reporter’s business license; (3) Copy of trademark registration certificate, patent certificate, copyright registration certificate; (4) Power of attorney; (5) The product is counterfeit Appraisal of the goods or infringing products; (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 the customs? Simply put, customs protection of intellectual property rights is border protection of intellectual property rights (border explanation:). When goods enter and leave the country, the intellectual property rights related to the goods are protected. Implementing 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 the customs? No, only trademark rights, patent rights, copyrights, and the exclusive rights of the Olympic logo are protected by the 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. Other administrative departments investigate and deal with pesticides—Agricultural Bureau, unable to investigate and deal with intellectual property infringement—local quality inspection bureau reports product quality. In specific production, 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. After the industrial and commercial investigation and sealing 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. Taobao still has very strict penalties for intellectual property infringement, so the probability of problems is relatively small. However, in practice, intellectual property infringement often occurs, especially on the Internet.