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How to judge cases involving Taobao trademark infringement disputes

1. Registering a trademark already registered by an e-commerce platform on the same kind of goods constitutes trademark infringement

2. Registering a trademark already registered by an e-commerce platform on the same kind of goods constitutes trademark infringement

3. Registering a trademark that is not similar to that previously used by others on related services does not constitute trademark infringement

4. Online trading platforms should fulfill their responsibilities to ensure the legality of trademark rights. Obligation to review

5. Online trading platforms that promptly delete infringing information after receiving notice can be exempted from liability for compensation

Legal basis:

"People's Republic of China**" *Patent Law of the People's Republic of China

Article 10 The term of invention patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years, both calculated from the date of application.

Article 11 After an invention or utility model patent right is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not For the purpose of production and business operations, manufacture, use, offer for sale, sell, and import its patented products, or use its patented method and use, offer for sale, sell, and import products directly obtained according to the patented method.