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Youzan Intellectual Property Protection Center

Youzan is committed to being the most trusted leader in business services. Youzan attaches importance to and protects each intellectual property right holder in order to maintain the trust of our business.
This policy is specifically formulated in accordance with the laws and regulations of the Trademark Law of the People's Republic of China, the Copyright Law of the People's Republic of China, and the Electronic Commerce Law of the People's Republic of China. Regulate the complaint process. Complainants and respondees need to take measures in accordance with the guidelines of this policy. For malicious complaints, Youzan will require the complainant to double its liability for compensation in accordance with legal regulations.

I want to complain

I think that the goods / services provided by other operators in a favorable environment violate my intellectual property rights

I want to appeal

I received a notice of a complaint, but I do n’t think the goods / services I provide constitute infringement

I have filed a complaint, check the complaint history

Intellectual property acceptance

  • I. Scope of acceptance

    1. Infringing on the trademark rights of others, including the sale of counterfeit registered trademarks, infringement of shop names, etc.

    2. Infringing on the copyrights of others, including the sale of pirated books, software, audiovisual products, improper use of copyrighted pictures, text, cartoon images, art works, etc.

    3. Infringement of patent rights of others, including the sale of goods that infringe others' appearance patent rights, utility model patent rights or invention patent rights;

    4. Infringement of personal rights such as the right to portraits of others, including displaying photos of others on merchandise sales pictures;

    5. Other intellectual property complaints that should be accepted according to law.

  • Scope of inadmissibility

    1. [Brand Channel Management] Youzan respects the authorization agreement reached between the right holder and its partners. If the content of the agreement does not involve the scope of infringement of intellectual property rights, it shall be resolved by the parties to the contract, and Youzan will not participate in this.

    2. Intellectual property infringement in non-comfortable environments such as WeChat graphic and text push.

IP Complaints

  • I. Complaint Process

    If the right holder believes that the goods / services provided by the operator in a favorable environment such as Youzan Micro Store, Youzan Collection, Youzan Distribution Platform, etc. violate your intellectual property rights such as copyright, trademark rights, patent rights, please follow the requirements below Submit relevant materials and click "I want to complain" above. Rights holders should submit to Youzan including but not limited to the following:

  • (1) Subject information of the right holder

    1. Name of the right holder (if it is an enterprise, provide the company name), ID card (if it is an enterprise, provide a business license), address, contact information, email address, relevant authorization certificates and other materials that prove the right holder's qualifications. If the right holder entrusts the agent to lodge a complaint, the agent must also issue a true, legal and effective power of attorney and the agent's principal qualification materials signed (individually) or stamped (unit) by the right holder.

    2. Links to the goods / services that the rights holder believes violate its intellectual property rights, and the corresponding store names.

  • (2) Complaint materials to be provided by the right holder

    1. The preliminary evidence that the right holder believes constitutes an infringement:

    ① [Copyright] Copyright registration certificate, creative manuscript, work publication certificate, certificate of ownership issued by the certification body, and contract for obtaining copyright rights (if the right holder is the heir to the copyright, evidence of the right to copyright inheritance shall be provided).

    ② [Trademark right] Legal and valid trademark registration certificate, trademark license contract and record certification.

    ③ [Patent right] Patent certificate, patent claim and specification, and patent payment certificate. In the case of a patent infringement complaint, the right holder shall compare the technical features in the patent claims with the corresponding technical features of the product being complained to explain that the product in question falls into the patent protection scope of the complaining party.

    2. The right holder shall be responsible for the truthfulness, validity and legality of the statements in the complaint and the materials provided, and guarantee to take down related products / services, delete related content or disconnect related links to the owner due to the right holder's complaint. All losses caused by Zambia and all legal liabilities arising therefrom.

IP Complaints

  • I. The complainant should submit to Youzan including but not limited to the following:

  • (1) Appeal materials required by the appellant

    1. The preliminary evidence that the claimant does not consider to constitute an infringement:

    ① [Trademark right] The complainant can provide materials such as a trademark certificate, a trademark authorization document, and a complete purchase certificate according to different types of infringement.

    ② [Copyright] The complainant can provide materials such as copyright certificate, authorized use document, original photographic material, and time of first public publication according to different types of infringement.

    ③ [Patent right] The appellant can provide materials such as complete purchase vouchers, patent-related certificates, and patents that do not fall into the scope of the patent of the right holder according to different types of infringement.

    2. The claimant shall be responsible for the truthfulness, validity and legality of the statements in the appeal and the materials provided, and guarantee to bear all the losses caused by the complaint goods / services to Youzan as a result of the defendant's defense and the resulting losses Full legal responsibility.

  • 2. [Successful Appeal] Youzan will review the complaint materials after receiving the complainant's appeal materials. After passing the review, you will be restored, deleted or disconnected at the request of the complainant in accordance with the relevant laws and regulations. Goods / services, and forward the complaint to the right holder.

  • 3. [Time limit for processing] 3-7 working days after receiving the appeal email.

IP case publicity

  • [Public disclosure] According to Article 44 of the "E-commerce Law of the People's Republic of China", Youzan should publicly receive the notice of the right holder, the statement of the complainant, and the results of the treatment.

Intellectual property punishment rules

  • I. Intellectual Property Infringement

    Youzan merchants are not allowed to use website services to engage in infringements on the intellectual property rights of others, including:

    Trademark infringement:

    1. Counterfeit registered trademarks: publishing and selling goods produced by registered trademark right holders or licensees in countries other than the country of origin

    2. Other improper use of other people's trademarks: the release and sale of goods and information are likely to cause misidentification by the relevant public

    Copyright infringement:

    1. Piracy infringement: publishing and selling copies of their works, including but not limited to pictures, books, e-books, software, audiovisual products, etc. without the permission of the copyright owner

    2. Misuse of others' copyright

    Patent infringement:

    Refers to the goods sold by the user or other information used improperly infringing the rights of others, including inventions, utility models, designs

  • Handling of intellectual property infringement

    Types of definition deal with
    Trademark infringement General tort

    (1) The same user is first established by the same intellectual property complaint, deducts 3 points / time for the first violation, and removes the corresponding product information at the same time

    (2) The same user is once again established by the same intellectual property complaint, which is considered a repeated infringement, with a deduction of 5 points / time, and the corresponding product information is removed at the same time

    (3) The same user is informed after the first complaint that the complaint has been accepted or processed after repeated complaints are established, disrupting the order of platform complaints, and deducting 9 points / time for violations.

    Serious tort

    (1) The same user is established for the third time by the same intellectual property complaint, deducting 12 points / time, warning that the corresponding product information will be removed at the same time

    (2) The same user has been complained multiple times (more than three times but not three times) by the same intellectual property complaint, deducted 24 points / times, and warned that the corresponding product information will be removed at the same time

    (3) The same user's counterfeit brand name complaint is established, 24 points / time is deducted, the corresponding product information is removed, and all product displays are blocked for 30 days

    (4) The same user was established by two or more types of intellectual property complaints, deducted 24 points / time, warned that the corresponding product information was removed at the same time, and blocked all product displays for 30 days

    (5) ≥50% of infringement of goods in the store, deduct 48 points / time, block all product display and return to the market

    (6) The preliminary evidence provided by the user for falsification, unauthorized manufacture of the same or similar trademark registration certificate, trademark authorization certificate, appearance patent right and other complaints or appeals is established, 48 points / time is deducted, all products are displayed and cleared. Withdraw from the market

    Malicious infringement

    (1) Knowing or ought to know that the respondent has brand authorization and the product source is legitimate, deliberately cracking down on the sales of similar products on the platform, the complaint of malicious brand competition is established, deducting 48 points / times to block all product display and clear the market

    (2) Knowing that the product they are selling is a product that counterfeits a registered trademark of another person, intentionally complains or appeals, deducts 48 points / times to block all product display and clear the market

    (3) Knowing that the products sold by them are not authorized by the brand or the authorization has expired (including the case where the brand cancels the authorization or the authorization time has expired), deduct 48 points / times to block all product display and clear the market

    Copyright infringement

    Complained of general infringement (including infringement of pictures)

    (1) The same user is established for the first time by the same intellectual property complaint, deducting 3 points / time for the first violation, and removing the corresponding product information at the same time; Among them, the same user is established by the “commercial product theft” complaint, infringing pictures <3, deducting 5 points / Times, delete the product information

    (2) The same user is once again established by the same intellectual property complaint, which is considered a repeated infringement, with a deduction of 5 points / time, and the corresponding product information is removed at the same time

    (3) The same user is informed after the first complaint that the complaint has been accepted or processed after repeated complaints are established, disrupting the order of platform complaints, and deducting 9 points / time for violations.

    Serious tort

    (1) The same user is established for the third time by the same intellectual property complaint, deducting 12 points / time, and warns that the corresponding product information will be removed at the same time; among them, the same user is established by the "commodity theft" complaint, with ≥3 infringing pictures, deducting 21 Points / times, remove the corresponding product information

    (2) The same user has been complained multiple times (more than three times but not three times) by the same intellectual property complaint, deducted 24 points / times, and warned that the corresponding product information will be removed at the same time

    (3) The same user's counterfeit brand name complaint is established, 24 points / time is deducted, the corresponding product information is removed, and all product displays are blocked for 30 days

    (4) The same user was established by two or more types of intellectual property complaints, deducted 24 points / time, warned that the corresponding product information was removed at the same time, and blocked all product displays for 30 days

    (5) ≥50% of infringement of goods in the store, deduct 48 points / time, block all product display and return to the market

    (6) The preliminary evidence provided by the user for falsification, unauthorized manufacture of the same or similar trademark registration certificate, trademark authorization certificate, appearance patent right and other complaints or appeals is established, 48 points / time is deducted, all products are displayed and cleared. Withdraw from the market

    Malicious infringement

    (1) Knowing or ought to know that the respondent has brand authorization and the product source is legitimate, deliberately cracking down on the sales of similar products on the platform, the complaint of malicious brand competition is established, deducting 48 points / times to block all product display and clear the market

    (2) Knowing that the product they are selling is a product that counterfeits a registered trademark of another person, intentionally complains or appeals, deducts 48 points / times to block all product display and clear the market

    (3) Knowing that the products sold by them are not authorized by the brand or the authorization has expired (including the case where the brand cancels the authorization or the authorization time has expired), deduct 48 points / times to block all product display and clear the market

    Patent infringement

    Complained general infringement

    (1) The same user is first established by the same intellectual property complaint, deducts 3 points / time for the first violation, and removes the corresponding product information at the same time

    (2) The same user is once again established by the same intellectual property complaint, which is considered a repeated infringement, with a deduction of 5 points / time, and the corresponding product information is removed at the same time

    (3) The same user is informed after the first complaint that the complaint has been accepted or processed after repeated complaints are established, disrupting the order of platform complaints, and deducting 9 points / time for violations.

    Serious tort

    (1) The same user is established for the third time by the same intellectual property complaint, deducting 12 points / time, warning that the corresponding product information will be removed at the same time

    (2) The same user has been complained multiple times (more than three times but not three times) by the same intellectual property complaint, deducted 24 points / times, and warned that the corresponding product information will be removed at the same time

    (3) The same user's counterfeit brand name complaint is established, 24 points / time is deducted, the corresponding product information is removed, and all product displays are blocked for 30 days

    (4) The same user was established by two or more types of intellectual property complaints, deducted 24 points / time, warned that the corresponding product information was removed at the same time, and blocked all product displays for 30 days

    (5) ≥50% of infringement of goods in the store, deduct 48 points / time, block all product display and return to the market

    (6) The preliminary evidence provided by the user for falsification, unauthorized manufacture of the same or similar trademark registration certificate, trademark authorization certificate, appearance patent right and other complaints or appeals is established, 48 points / time is deducted, all products are displayed and cleared Withdraw from the market

    Malicious infringement

    (1) Knowing or ought to know that the respondent has brand authorization and the product source is legitimate, deliberately cracking down on the sales of similar products on the platform, the complaint of malicious brand competition is established, deducting 48 points / times to block all product display and clear the market

    (2) Knowing that the product they are selling is a product that counterfeits a registered trademark of another person, intentionally complains or appeals, deducts 48 points / times to block all product display and clear the market

    (3) Knowing that the products sold by them are not authorized by the brand or the authorization has expired (including the case where the brand cancels the authorization or the authorization time has expired), deduct 48 points / times to block all product display and clear the market

    Uncivilized complaints

    Behaviors and actions that violate public order and good customs due to lack of public morality when users complain or complaint, deduct 4 points / time for the first violation; deduct 9 points / time for the violation again; if the circumstances are serious, shield all products from display and return to the market

    prompt:

    1. "Same user": refers to the same store number

    2. "Same Intellectual Property": refers to a complaint initiated by the same complaint account for the same intellectual property. Example: The complainant infringed the same "Youzan" trademark

    3. "The complaint is established" means that the user has been complained by an intellectual property right, and did not provide the appeal materials or provided the appeal materials during the appeal period but the appeal failed.

    4. "Day" means natural day

    5. After the user is deducted, if the complainant cancels the complaint or the user's appeal is successful, the corresponding points deducted by the user for the intellectual property infringement complaint will be restored.

    6. Each infringement will be deducted for 365 days

    7. The user who deducted the accumulated 48 points will close the account

    8. Regarding the result of complaint handling, each user has the right to review the appeal once. Reconsideration Appeal Channel: ipr@consorciplatjadepalma.com

    9. Youzan reserves the right of final interpretation of the above penalties and reserves all rights related to it

  • 3. Deductions

    Penalties Margin Shop penalties

    Points accumulated to 12 points

    500 yuan deduction for general suppliers

    Recommended supplier deduction of 1500 yuan

    Block all store products

    Points accumulated to 24 points

    General supplier deducts 2500 yuan

    Recommended suppliers deduct 5,000 yuan

    7 days off the entire store

    Points accumulated to 36 points

    3600 yuan deduction for general suppliers

    Recommended supplier deduction of 10,000 yuan

    14 days off the entire store

    Accumulated points to 48 points

    5,000 yuan deducted from ordinary suppliers

    Recommended suppliers deduct 50,000 yuan

    Permanent clearance from the distribution market

    Users can send an email directly to the official email address of Youzan Intellectual Property: ipr@consorciplatjadepalma.com .

    Anyone who has not complained or appealed to ipr@consorciplatjadepalma.com is deemed to have failed to complain or appeal, and the merchant shall bear all losses arising therefrom.

Other considerations

  • I. [Original Provided] In order to ensure the authenticity and validity of the complaint, in principle, all certification materials provided by the right holder and the complainant should provide the original. If the original cannot be provided, a copy should be provided (the right holder should be provided on the copy). Or the seal of the complained party).

    2. [Transfer of Copy] In accordance with the requirements of laws and regulations, when transmitting the "Intellectual Property Complaint Notice" / "Intellectual Property Complaint Notice" of the right holder and the claimant to the other party, in principle, provide a scanned copy or a copy.

    III. [Proof of Prosecution] If the right holder has lodged a complaint with the administrative organ or a people's court for the goods / services provided by the respondent, please submit the relevant evidence and the administrative organ's and court's acceptance when submitting the notice. prove.

    4. [Consultation] Youzan Intellectual Property Team will check emails every day (except non-working days). If you have any questions about the processing results or urge the progress of intellectual property processing, you can send an email directly to Youzan Intellectual Property Official email: ipr@consorciplatjadepalma.com consultation.