There are two types of penalties, namely, improper use of other people's rights and selling counterfeit goods:
1. Improper use of other people's rights refers to the following behaviors of users, and two points will be deducted each time:
(1) The seller improperly uses other people's trademark rights, copyright rights and other rights in the published commodity information or the name and domain name of the store used;
(2) The seller sells goods on suspicion of improper use of other people's trademark rights, copyrights, patents and other rights;
(3) The commodity information released by the seller or other information used by the seller causes confusion, misunderstanding or unfair competition among consumers. A complaint made by the same obligee to the same seller within three days is regarded as a complaint.
Interpretation of rules:
1. "Improper use of other people's rights" refers to trademark infringement other than counterfeiting, copyright infringement other than piracy and patent infringement.
a complaint made by the same obligee to the same seller within three days is regarded as a complaint. Because it takes time to deal with complaints and the seller's rectification, Taobao will regard all complaints filed by the same obligee on the same seller within three days as a complaint, and complaints made after this period will be regarded as a supplement to previous complaints, not as a complaint again.
at the same time, the same type of infringement complaint (including but not limited to: patent right, copyright, trademark right) made by the same obligee against the same seller within three days is regarded as a complaint.
this regulation aims to encourage complainants to list all the infringement information in the complained seller's shop at one time, so as to improve the efficiency of complaint handling.
3. The seller improperly uses other people's trademark rights, copyright rights and other rights in the published commodity information or the store name and domain name used.
using other people's trademarks (including word mark, graphic trademarks, etc.) or works (written works, graphic works) in commodity information, store names and domain names without other people's permission.
for example, using other people's trademarks in the name of a store without their permission.
For example, although the following goods released by the seller are genuine Fenten, it is still improper to use the picture of Fenten official website model in the product information without the permission of the obligee.
4. The seller is suspected of improper use of other people's trademark rights, copyrights, patents and other rights when selling goods.
1. Improper use of the trademark rights of others means that the goods sold by the seller are recognized as trademark infringement, but they are not counterfeit.
For example, the seller of Taobao sells Chen's products and is complained by the trademark owner of Watsons, and shows that Guangzhou Industrial and Commercial Bureau has determined that Chen's products constitute trademark infringement.
2. Improper use of other people's copyright means that the goods sold by the seller are identified as copyright infringement, but they are not pirated. It means that the seller of Taobao sells the book "One Hundred Years of Solitude" published by a regular publishing house, but the obligee complains that "One Hundred Years of Solitude" is not authorized to be published by any publishing house in China.
3. Improper use of other people's patents means that the goods sold by the seller infringe other people's design patents, utility model patents or invention patents.
5. The commodity information released by the seller or other information used by the seller causes confusion, mistaken recognition or unfair competition for consumers. It means that the seller uses other people's rights information in information such as shop pages and commodity pages, which is enough to cause confusion, mistaken recognition or unfair competition for consumers.
for example, if the seller sells a self-owned brand of household appliances, but describes in the product information that "the quality is better than that of * * brand, and the price is lower than that of * * brand", it is unfair competition.
VI. If the seller improperly uses the rights of others, the goods or information that Taobao will delete include:
If the seller's product page improperly uses the rights of others, Taobao will delete the corresponding product information according to the qualification certificate and infringing product link provided by the complainant;
if the seller improperly uses the rights of others in the store decoration, Taobao will remove the store decoration according to the qualification certificate and infringing goods link provided by the complainant;
if the domain name, store name or member name of the seller's store improperly uses other people's rights, Taobao will release the complained domain name, store name or member name according to the qualification certificate provided by the complainant and the link of the infringing store.