What documents are required to complain about intellectual property infringement?

Intellectual property infringement refers to a criminal act that violates national laws and infringes on knowledge, which is relatively bad. So, how do my country's relevant laws and regulations stipulate the relevant content of Intellectual property infringement? Below, the editor of Legal Savior Network will sort out relevant content about intellectual property infringement complaints for everyone. For everyone to read, I hope it will be helpful to everyone.

What are the credentials needed to complain about intellectual property infringement

1. Authorized sales certificate (need to point to trademark rights 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 must reflect the brand + model/style information;)

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

3. Picture album from the rights holder or its authorized dealer (picture album cover + picture album copyright page + corresponding product page); or official production certificate: the official website was complained Product link + screenshot of the complained product style on the official website (the screenshot includes the address bar) + corresponding web link provided in the reason for the complaint

4. Photos of the specialty store: photos of the store’s exterior including the name of the store + an interior view of the store that is consistent with the photo of the facade and an overall photo of the complainant’s products hanging in the store + A separate photo of the product under complaint + A detailed photo of the sign of the product under complaint;

5. Barcode query results (the barcode of the disputed product can be queried in the China Article Coding Center using the product query and contacted with the brand or with Screenshots of pages related to the manufacturer authorized by the brand (need to include the address bar), pictures of actual product barcodes)

6. Photos of the relevant style numbers in the store query system (an overall photo of the complained product in the store + a close-up photo of the product barcode + a photo of the display in the store photo query system, It is necessary to clearly reflect that the query results correspond to the products + photos of the store system rights holders);

The general information on product infringement is probably like this. Depending on the type, different materials need to be provided. A simple summary is to provide materials proving that you are the owner, and provide the other party with plagiarism. Materials.

Constitution of intellectual property infringement

The composition of intellectual property infringement is a controversial issue among scholars. Some scholars have elaborated on the composition of intellectual property infringement from the four aspects of general civil torts:

1. Regarding the issue of illegality. This is an intellectual property infringement Behavior is an important component. Although many scholars in academia are studying whether illegality should independently become a component of infringement, at least in the field of intellectual property infringement, illegality is indispensable.

2. Regarding the fact (result) of damage. In the constitution of infringement in general civil tort theory, whether it is the three-element theory, the four-element theory or the five-element theory, it is believed that the fact of damage is one of the constituent elements of civil tort. However, many scholars have proposed that in the constitution of intellectual property infringement In the case of intellectual property infringement, the fact (result) of damage is no longer a necessary component, which is also one of the differences between intellectual property infringement and general civil infringement.

3. About cause and effect. This is a necessary requirement for civil torts in general civil tort theory. However, since some intellectual property infringements do not require damaging consequences, only intellectual property infringements that cause damaging consequences need to determine the liability of the infringer. The determination of causality is meaningful only when the degree of responsibility is determined.

4. Regarding subjective requirements. In the civil tort theory described above, one of the essential elements for the formation of a general infringement is that the infringer is subjectively at fault. However, subjective fault is not an essential element for the constitution of intellectual property infringement. Article 63, paragraph 2, of my country’s Patent Law and Article 56, paragraph 3, of the Trademark Law both establish liability for infringement without fault. It can be seen from the above legislative examples that even if the actor is not at fault, he should bear the tort liability, but the tort liability he bears is lighter than that of the at-fault actor. The at-fault actor is not only responsible for stopping the infringement and destroying the infringement. In addition to tort liability for products, elimination of effects, etc., they often also bear liability for damages.

I believe you have found the relevant answers from the above Come on. If you have other questions or the situation is complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.