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[Explanation of Intellectual Property Rights Rules] Description of supporting documents required for IPR infringement appeals

What evidence is required for IPR infringement appeals?

 

To appeal, submit supporting documents based on the type of IPR claim as specified on the Appeal page:

 

Type of IPR claim

Evidence required for appeal

Trademark

Trademark - imitations

Lawful procurement source

Proprietary IPR

Trademark - improper use of trademarks of others

Trademark - imitations - judicial or administrative adjudication

Judicial or administrative adjudication

Trademark - improper use - judicial or administrative adjudication

Copyright

Copyright - illegal copies

Lawful procurement source

Evidence that proves your action predates the establishment of the complainant’s IP right

Copyright - improper use of copyrighted works of others

Copyright - improper use - illegal copies of website images

Authorization of original images/photos

Copyright - illegal copies - judicial or administrative adjudication

Judicial or administrative adjudication

Copyright - improper use - judicial or administrative adjudication

Patent

Invention patent - improper use of patent rights of others

Proof of difference

Evidence that proves your action predates the establishment of the complainant’s IP right

Lawful procurement source

Utility model patent- improper use of patent rights of others

Design patent - improper use of patent rights of others

Invention patent - improper use - judicial or administrative adjudication

Judicial or administrative adjudication

Design patent- improper use - judicial or administrative adjudication

Utility model patent - improper use - judicial or administrative adjudication

 

 

 

 

 

Examples of supporting documents for IPR appeals:

 

  1. Lawful procurement source (applies to IPR claims that are not subject to judicial or administrative adjudication)

 

What does “lawful procurement source” refer to?

 

“Lawful procurement source” refers to proof of purchase or proof of authorization that can prove your products are lawfully sourced. You can choose what proof to submit based on your procurement sources.

 

Proof of authorization 

  1. Complete link of Authorization (e.g. IPR owner → B C supplier).
    Proof of authorization must show each step of authorization from the IPR owner to the shop owner.
  2. Proof of authorization should be within its validity period and must have been valid before the date of the claim.
  3. Proof of authorization must show the corresponding product’s brand name, product name, specification, model number, etc.
  4. Proof of authorization must have the official seal of the authorizer.


Proof of purchase/invoice: 

  1. Complete link of purchase (e.g. IPR owner → B C supplier)
    Proof of purchase must show each step of purchase from the IPR owner to the shop owner.
  2. Proof of purchase/invoice must show: the corresponding product’s brand name, product information (e.g. name, specification, model number, design, etc. These must match the product that received the claim), order quantity (must match the number of items sold), price, date of purchase (must predates the claim), purchaser, seller, etc.
  3. The invoice must have the official invoice seal, and the proof of purchase must have the official seal of the seller, seal of sales, etc.

 

  1. Evidence that proves your action predates the establishment of the complainant’s IP right (applies to IPR claims concerning improper use of copyright, invention patent, design patent, or utility model patent of others)

 

Below are different kinds of evidence required for appeals (Choose one of them to submit)

 

I have a snapshot of my order placed on one of Alibaba’s websites that proves my order predates the complainant’s copyright publication/patent application

 

Order snapshot 

  1. Provide a snapshot of your transaction on any of Alibaba’s websites (e.g.: Taobao/Tmall/1688, etc. where your order information can be verified by Alibaba. Proof of transactions from other websites is not accepted because the information cannot be verified). Transaction snapshots must show the address of the website, order number, time of order, purchaser and the purchased product’s brand, model number/item number, etc. (The product shown in the transaction record must match the images/technical specifications/artistic works shown in the material of the claim or the information of the product that received the claim).
  2. Date of your order must precede the date of the complainant’s copyright publication/patent application.
  3. The transaction record does not have to be the sales record of the shop who received the claim as long as it is an order placed on an Alibaba platform

 

I have evidence to prove that I posted the product publicly before the complainant’s patent application was filed

 

Proof of publication

  1. Proof of the publication of the copyrighted work on SINA or in newspapers, magazines, books, etc.
  2. If you provide a snapshot of the website, the snapshot must include a link to the website.
  3. The date of the publication must precede the time of the complainant’s copyright publication/patent application.

 

I have evidence to prove that I gained the IP right before the complainant did

  1. If you received a copyright infringement claim, provide your certificate of copyright and the copyright registration page . The registration date shown on your certificate must precede the complainant’s copyright publication date.
  2. If you received a patent infringement claim, provide your certificate of patent . Your certificate application date must precede the complainant’s patent application date, and your patent information must match the information of the product that received the claim 
     
  1. Original image/photo authorization (applies to claims concerning illegally copied website images)

 

Original images

  1. Original images shall not be too small. Images up to 5M can be uploaded on the appeal page.
  2. Original images refer to the images exported directly from the camera, cellphone, or other devices without any edit.

 

Authorization of image use: 

  1. Authorization from the right owner/complainant.
  2. The authorization document must explicitly state that the use of images/text is authorized.
  3. The authorization document must have the official seal of the IP right owner.
    Note: Authorization of sales and authorization of image use are separate things. This refers to copyright claims concerning illegally copied website images, which is not related to sales authorization.

 

  1. Proof of difference
  1. Utility model/invention patent: Proof of difference

Comparisons between the claims of utility model/invention and the technical specifications of the product that received a claim.

 

  1. Design patent: Proof of difference

Comparisons between the complainant’s product images (6 sides) and the images (6 sides) of the product that received the claim.

 

  1. Copyrighted work: Proof of difference

Comparisons between the copyrighted work and the product that received the claim.

 

Kindly reminder: This guidance on how to appeal claims is only for your reference. In practice, evidence required for appeals may differ depending on the situation.

 

 

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