Definition
Unfair/unauthorized to use of other’s copyright on product Seller uses copyrighted works, such as textual works, art works, photographic works, graphic works and etc, without the permission of the copyright holders
Types of Proof
Test buy: The rights holder did a test-buy of the product and confirms it to be counterfeit or pirated.
Trade Manager chat tool: The seller has admitted through Trade Manager chat tool that the product is counterfeit.
Judicial judgment or administrative decision: Confirmed as infringement through judicial or administrative decision.
Other forms: Other means of proof besides the above.
Scenario
Note: The following cases are examples of "other forms of proof", that is, the right holder can judge that the goods sold by the sellers are infringing goods based on productin formation page.
Scenario 1: Artwork infringement on products
The rights holder enjoys the copyright of the artwork, but the artwork is used by merchants on the product of brand “A”, while the product of brand “A” was not produced or authorized to produce by the rights holder. In such circumstance, it may constitute copyright infringement.
Example:
Example:
Complaint reasons:If the artwork or written works has already been used on product by rights holder or authorized third party, please specify the name of the manufactories.
Supporting evidence: Please provide the comparison between the images of genuine product and suspicious infringing product.
Note: The images of infringement in the above are designed for reference rather than for sale.
FAQ from Rights Holders
- Q: What is the difference between "pirated goods" and "Unfair/unauthorized to use of other’s copyright on product"?
A: Commons:There is infringement on the products.
Differences: The intellectual property objects of "pirated goods" are books, e-books, audiovisual works and software. "Unfair/unauthorized to use of other’s copyright on product" refers to the types of copyrights other than books, e-books, audio-visual works and software, such as textual works, art works, photographic works, graphic works, etc.
- Q: When should I submit a complaint based on "Unfair/unauthorized to use of other’s copyright on product"?
A: If your work is directly copied by the seller on the product, you may submit a complaint based on "Unfair/unauthorized to use of other’s copyright on product".
If your work is used for secondary creation or three-dimensional use, and there is a difference between the product and your original work, the platform cannot identify whether the seller's behavior constitutes infringement, so you need to provide relevant judicial judgment(s).
If your work is directly copied by the seller as the main image of the product or on the product information page, you may submit a complaint based on "Unfair/unauthorized to use of other’s copyright on product information"?
- Q: Does it constitute copyright infringement where a seller, without my authorization, is selling my products?
A: Please note that we are not able to process complaints against unauthorized distribution of genuine products on Taobao.com. We suggest you solve such disputes by other means.
- Q: How should I explain the question when i am asked to clarify the situation of production?
A: If the work has not been used commercially, please make it clear that it has not been put into production;
If the work has been put into production, please clearly list all authorized brands or manufacturers, or provide proof of comparison between genuine and fake products in the attachment.
The platform will determine whether it is an infringing product based on the information you elaborated.
- Q: Does it constitute trademark infringement where a seller sells our products at low prices?
A: Please note that we are not able to process complaints against sales of the rights holder’s products at a price lower than the standard price of other sales distribution channels. We suggest you solve such disputes by other means.