Question 1: If a Taobao store is complained of intellectual property infringement, how should it be punished? Usually it doesn’t happen. I also sell some products, but I don’t know why I was reported by the original merchant or my peers.

Once it is removed from the shelves, it will be fine, and Taobao will directly remove it for you.

Question 2: Taobao receives 10 points for intellectual property complaints. You must first check the received "Wangwang, site letter" or "Seller Center-Report Management-Intellectual Property Complaints Received" to find out the specific details. Reasons for complaints and then make targeted appeals.

Appeal path: Seller Center-Report Management-Intellectual Property Complaints Received

Appeal time: Within 3 working days, there are a total of 2 appeal opportunities, before punishment , and once each. You need to complete the appeal within this time. If the timeout expires, the appeal entrance will be closed.

Note: If you do not appeal before the punishment, it means that you only have one chance to appeal after the punishment! Attention, fellow sellers!

Warm reminder: Please self-check other products in your store in time to avoid being complained again for the same reason.

Question 3: What information is required to win a complaint against Taobao for intellectual property infringement? Taobao’s intellectual property infringement is mainly divided into copyrights, patents and trademarks. Different grounds for complaint require different grounds for appeal. Among them, copyright includes:

1. Pirated books and software (you can choose any one of the appeal certificates)

1. A formal purchase invoice that can show the name of the book 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. Picture and text infringement (choose one of the complaint credentials)

1. Authorized use by the rights holder Proof of pictures: Sales authorization is not recognized;

2. Proof of copyright for the pictures you own: original pictures, copyright registration certificates, timestamps, etc. For written works, you must indicate your own written works and the work of the complainant 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 the picture, 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. The right holder authorizes the use of the work Proof: 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: Proof of Rights Authorization Proof of the rights holder's identity when using pictures

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

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: accessible to the public Relevant certificates from channels 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:

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 complaining party: 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 into the complaining party’s patented technology: it is necessary to provide pictures of the product page being complained against 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;

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;

Finally, the trademark:

1. Counterfeiting

Comparison of authenticity and authenticity (choose one of the appeal certificates)

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 the brand model/style information must be reflected;

2. Formal purchase certificate: paper purchase voucher (paper purchase voucher (shopping receipt/invoice/purchase receipt stamped with the official seal of the shipper) pointed to the trademark owner or its authorized dealer), and reflect the brand model/style information ;

Purchase Appraisal

Formal purchase voucher: a paper purchase voucher (shopping receipt/invoice/official seal purchase receipt) directed to the trademark owner or its authorized dealer, which must be followed by Taobao store real-name authenticator or Taobao member name is the same), and reflects the brand model/style information; (only a letter of authorization is issued, no entry...gt; gt;

Question 4: Taobao knowledge How to file a complaint against Taobao for misjudgment of property rights infringement! Get evidence

Question 5: How do you avoid Taobao complaints about intellectual property rights? First find out what rights others accuse you of infringing, and then provide your evidence to explain the differences between you and others and your innovation. .

Taobao is just a company and has no law enforcement power. Just make a bold statement.

If the government departments, such as the Industrial and Commercial Bureau, Trademark Office, Patent Office, and Copyright Office come to investigate, you should be careful.

Haha, if it is just a Taobao seller and the scale is not that big, *** will not come forward.

Very good,

For more details, it is recommended to go to Baidu: E-commerce Knowledgeable Person

Question 6: What should I do if Taobao is complained about intellectual property infringement? If something unexpected happens, it should generally be a trademark issue for you, right? What is your infringement? Text description or product pictures? How much is the value of the case involved? If it's not a big deal, you can probably remove the relevant information, send a sincere letter of apology to the intellectual property right holder, and then contact Taobao. Of course, if the amount is relatively large, it may be a bit complicated. Both Taobao and the intellectual property right holder will have records of this, and the procedures must be followed. From my experience, I hope that the infringer will send a letter of apology and promise not to do it again in the future, and then they will review it several times in about three months.

Question 7: What should I do if I am complained about intellectual property infringement on Taobao? If nothing else, this should generally be a trademark issue, right? What is your infringement? Text description or product pictures? Approximately how much is the value involved? If it's not a big deal, you can probably remove the relevant information, send a sincere letter of apology to the intellectual property right holder, and then contact Taobao. Of course, if the amount is relatively large, it may be a bit complicated. Both Taobao and the intellectual property right holder will have records of this, and the procedures must be followed. From my experience, I hope that the infringer will send a letter of apology and promise not to do it again in the future, and then they will review it several times in about three months.

Question 8: What should I do if I receive an intellectual property complaint from Taobao? What penalties will there be? On Taobao, if you cannot rule out the possibility of infringement, you can only submit the relevant content of the complaint Take it off the shelves, delete it. Generally speaking, if the picture is infringing, there will be no problem after deletion. If the product involves trademark or patent infringement, the product will be taken off the shelf. Generally, the complainant will not pursue it too much, unless your infringement is serious. Very seriously, the complainant may ask you for compensation later.

If you have infringement but fail to handle it within the time limit required by the complaint, the other party may take further measures, and Taobao may also take corresponding measures, such as forced removal from the shelves.

On the other hand, if you have legitimate reasons to prove that there is no infringement, submit relevant materials at the time required by the complaint, including authorization certificates of relevant intellectual property rights, or reasonable sources of goods. After submission, Taobao will Make appropriate judgments.

Question 9: If a Taobao store is complained about intellectual property infringement, how should it be punished? In addition to the various restrictive factors of Tmall Mall, it goes without saying that it may be dealt with accidentally. Taobao's various rules are also becoming more and more strict. It embarrasses small and medium-sized sellers. For example, my store was accused of counterfeiting, but the interrogation information was indeed available, but it was still fined and reduced. There is really no reason to argue. But having said that, forging iron requires hard work. The supply of goods is unstable and the channels are complicated without formal evidence. It is difficult to ensure the safety of the store. Shop owners can look at factory direct sales to avoid risks and penalties. The following is a brief introduction to the appeal process after being punished:

If you are punished for infringing the intellectual property rights of others, you can contact Taobao customer service to appeal. The process for appealing penalties for infringing on others' intellectual property rights is as follows:

(1) The punished seller contacts Taobao customer service to appeal the penalty;

(2) Taobao discloses to the punished seller Complainant information and relevant rights certificates, and require the punished seller to fill in the "Counter Notification Letter";

(3) The punished seller provides Taobao with the "Counter Notification Letter" and the complaint certificate;

(4) Taobao Legal will conduct a preliminary review of the materials provided by the complainant. If it is initially determined that the complaint materials are valid, Taobao will send the materials to the complainant and require the complaining party to submit counter-complaint materials within a certain period;

(5) If the complainant fails to provide counter-complaint materials within the above period If the materials, or the counter-complaint materials provided by the complainant are invalid, Taobao will revoke the previous punishment.

If the complainant submits valid counter-complaint materials, Taobao will feedback the situation to the complainant and advise the complainant to protect his legitimate rights and interests through legal channels.

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

(1) Complaint revocation letter:

You can contact and negotiate with the complainant and explain your problem with the purchase channel. If both parties reach an understanding, you can ask the complainant to issue a complaint revocation letter for you, stating that the complaint has been rescinded;

(2) Proof of purchase:

If your goods are through formal If you purchase goods through other channels, you can provide purchase vouchers. However, only invoices and other verifiable purchase documents are valid, receipts and purchase receipts are invalid;

(3) Authorization certificate:

If you also have the authorization of the brand , you can provide authorization credentials, such as distribution agreement, brand licensing agreement, etc.

If you are punished for infringing the intellectual property rights of others due to patent issues, you need to provide at least one of the following documents when making an appeal:

(1) Patent certificate:

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If you are the patentee of the goods you sell, you can provide the patent certificate to appeal;

(2) Proof of purchase from the complaining party:

If the goods you sell are purchased by you from the complainant, the patentee, you can provide the purchase receipt to appeal. However, only invoices and other verifiable purchase vouchers are valid, and receipts and purchase receipts are invalid;

(3) Vouchers showing problems with the rights of the complaining party

If you think The complaining party's patent property itself is unreasonable, and you can provide documentary evidence to prove it. For example, you can provide evidence to prove that similar technologies and products have been widely used or published in domestic and foreign publications before the complainant applied for this patent. (Merchants, please cherish the resources and use them if you encounter problems!) Joint materials (no data fees) will be paid after success

Question 10: How to contact Taobao intellectual property complainants? Telephone intellectual property complaints are generally It is done by an agency, that is, a third party. If they do not leave their contact information in the complaint, it is generally difficult to contact them. If you encounter this kind of complaint, you should appeal in time. If you need help, please contact me and I will help you analyze it in detail