Highlights: Introduce the way for foreign trademark, patent and copyright owners to combat knockoffs on Chinese biggest online sales website Taobao.com
Taobao.com, the biggest online transaction website in China, signed the copyright protection memo with International Intellectual Property Alliance (IIPA) in Beijing on 1st, Sep., promising to combat infringement on copyright. (news related, in Chinese)
In 2010, the number of online products of Taobao.com has been more than 800 million, with trade volume of 400 billion. Just like eBay, Taobao.com only provides the platform for online transaction instead of sale by itself.
According to the law of China, Taobao.com is just a platform with millions of products traded on it; therefore, as a server of online sales platform like eBay, Taobao.com would exempt from tortious liability if it delete the web page of infringing products in time after receiving the intellectual property owners’ complaints and verifications.
As China lawyers, we would tell you the way demanding off-shelf of the infringing products on Taobao.com. In according with China laws, once infringement is found on Taobao.com, the complaint could be made by following letter form:
信函署名：
Addressing Envelopes:
寄：杭州市文二路391号西湖国际科技大厦裙楼2层 (310099)
淘宝网 收
To： 2F , No.391, Wen’er Road, Hangzhou, China (310099)
Taobao.com
淘宝网知识产权部门：
The Intellectual Property Department of Taobao.com
我们发现在贵公司淘宝网上的以下商品中，包含有侵犯我们权利的内容。
It has come to our attention that the following commodity(s) on Taobao.com contain(s) materials infringed our rights.
在此处注明链接
[You should insert the link(s) here]
作为该项权利的持有人，我们从未授权这些网上商家销售实施该________权利的商品。
As the owner of these rights, we have never authorized these online shops to sell the commodity(s) using these [You should fill in with the definite rights e.g. patent or copyright or trademark right] rights.
我们确认，这是一起权利侵害案件。
We believe this is a case of infringement.
我们希望这些商品尽快下架。
We look forward to seeing these commodity(s) getting off the shelf as soon as possible.
谢谢。
Thanks
签名
[You should sign here.]
日期/Date：
地址/Add：
电话/Tel：
传真/Fax:
电邮/Email:
邮编/Z.C.:
The attachment of the letter shall include:
1. The copy of complainant’s ID, passport or examined business license and contact information;
2. The copy of the certificate of patent, registered trademark or copyright signed or sealed by IP owner, as well as the Power of Attorney from the owner for the complaint.
The abovementioned material shall be provided in Chinese.
According to the Chinese law, if Taobao.com did not delete the web page you complain, it would undertake indirect infringement liability when sued for infringement. But from past experience, taobao.com often use the inadequate right certificate, infringement evidence or other materials in excuse of rejecting or delaying the complaint. Meanwhile, such complaint may also be delayed for long owing to annual leave, training or inner communication within Taobao.com.
For more information of related services in China, please click here (Trademark, Copyright, Patent, Trade Secret, Cooperate, Foreign Investment, Labor)
Copyright reserved by Mr. You Yunting
Editor-in-Chief of Bridge IP Commentary
Partner & Attorney-at-law of Shanghai DeBund Law Offices
Email: Bridge@chinaiplawyer.com, Tel: 8621-5213-4900,
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Bridge IP Commentary is a website focus on the introduction of commercial laws in China, especially the intellectual property laws. All the posts here are our original works. All news or cases referred here are from public reports, and our comments or analysis are of due diligence, neutrality and impartiality, representing our own opinions only. You may contact us shall you have any opinions or suggestions.
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