How to respond to Taobao intellectual property complaints? Here are a few simple strategies to deal with this issue.

First, contact the complaining party to withdraw the complaint

In fact, many sellers have problems communicating with their suppliers, resulting in formal sales that were originally allowed by the rights holders. , but was also complained. If this is the case, contact the complaining party and you can successfully withdraw the complaint.

Of course, if the party being complained also believes that it has infringed upon the intellectual property rights of the complaining party, contacting the rights holder in a timely manner and actively engaging in reconciliation is also a way to withdraw the complaint.

Second, make an active complaint

If it believes that it does not constitute an infringement of the intellectual property rights involved in the complaint, the respondent can lodge a complaint. For different reasons for complaints, different documents need to be provided for the appeal. The following are examples of trademarks, copyrights, and patents.

For complaints about counterfeit trademarks, if the respondent purchases goods directly from the right holder, it needs to provide proof of purchase directly from the right holder. These certificates must show the trademark and model corresponding to the product being complained about. and quantity and other information; if the goods are not purchased directly from the right holder, formal purchase certificates and authorization letters from the right holder must be provided, that is, the chain formed by these evidences must point to the right holder. For complaints about prominent use of trademark logos, proof of trademark use authorization or formal purchase vouchers are required. If the goods are not purchased directly from the right holder, a letter of authorization from the right holder is also required.

For complaints about piracy, formal purchase certificates must be provided. If the goods are not purchased from the rights holder, an authorization letter from the rights holder must also be provided. For complaints about misappropriation of pictures or text, proof that the rights holder authorizes the use of the picture/text must be provided. In this case, providing purchase vouchers or sales authorization letters will not work. If the respondent has proof of copyright to the image/text in question, submit that proof.

Complaints about patent infringement are quite complicated. First, it can provide proof that the product comes from the right holder or prior user; secondly, it can provide proof of prior sales at home and abroad before the date of patent application or literature published at home and abroad (that is, it can prove that it belongs to an existing design or existing design). technical information), the proof or information provided must show the appearance of the product or the technical solution that reflects the patent; thirdly, an analysis report can be provided showing that there is a significant difference between the appearance of the product and the appearance of the patent of the complaining party, or that the technical solution of the product has not been implemented. An analysis report into the protection scope of the complaining party’s patent; finally, it can provide proof that the complaining party’s patent rights are unstable or non-existent, such as patent rights evaluation reports, patent search reports and copies of the patent register showing the termination of patent rights, etc.

The respondent’s appeal time is very short and needs to be completed within three working days. If it times out, the appeal entrance will be closed. After the appeal is made, the complaining party will review it within 3 working days. If the complaining party requires Taobao customer service to intervene, it will be reviewed within 3-5 working days. The appeal review period cannot be expedited. It is worth mentioning that the opportunity to appeal is very precious. There are only two appeal opportunities for each complaint. If the appeal is invalid twice, there will be no online appeal entrance.