Copyright: Artwork, written works infringement
Interpretation of Complaint Reason
 Definition |
A product itself does not belong to the rights holder, but the seller has used the rights holder's copyrighted artwork or written works on the product offered for sale or in the product description.
| Case Study |
The rights holder enjoys the copyright of the artwork (see Fig.1), 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 |
Fig.1 Artwork registered by the rights holder
Fig.2 Product of brand “A” posted by the seller being complained of
· Declarations: 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.
· Supporting evidence: Please provide the comparison between the images of genuine product and suspicious infringing product.
| Complaint submission instructions |
Please log into Alibaba IPP Platform (Complaint Submission-Submit a Complaint) and choose the relevant platform. For example, for filling complaint against products on Taobao.com, please choose "淘宝网Taobao.com".
Subsequent steps of the complaint submission should be completed as below:
1. IPR: "Copyright", please choose the corresponding copyright information. (Note: Please note that takedown requests against Taobao listings should be filed based on valid intellectual property rights under protection by PRC laws.)
2. Complaint type: Please choose "Product listing".
3. Reason: Please choose Artwork, written works infringement.
4. Infringing listings: Please submit and verify URL of the suspicious infringing product listings.
5. Supplement infringement reason(s): Please describe your complaint reasons and identify where the infringement is.
6. Documental proof of infringement: Please submit supporting evidence to demonstrate the infringement.
Note: You may download the template of the supporting documents for your reference.
Subsequent steps of the complaint submission should be completed as below:
1. IPR: "Copyright", please choose the corresponding copyright information. (Note: Please note that takedown requests against Taobao listings should be filed based on valid intellectual property rights under protection by PRC laws.)
2. Complaint type: Please choose "Product listing".
3. Reason: Please choose Artwork, written works infringement.
4. Infringing listings: Please submit and verify URL of the suspicious infringing product listings.
5. Supplement infringement reason(s): Please describe your complaint reasons and identify where the infringement is.
6. Documental proof of infringement: Please submit supporting evidence to demonstrate the infringement.
Note: You may download the template of the supporting documents for your reference.
| FAQ for Rights Holders |
Q: Which kind of circumstances will be identified as Artwork, written works infringement?
A: If your artwork or written works was copied and used in the products which you never authorize to produce, it might constitute reproduction copyright infringement.
If your artwork or written work was created derivatively or manufactured as stereoscopic products which has obvious difference with your original artwork or written works, it might not necessarily constitute reproduction right infringement. If you claim it constitutes reproduction right infringement, please provide pertinent judicial decision or other supporting document to prove the infringement.
If your artwork or written work was created derivatively or manufactured as stereoscopic products which has obvious difference with your original artwork or written works, it might not necessarily constitute reproduction right infringement. If you claim it constitutes reproduction right infringement, please provide pertinent judicial decision or other supporting document to prove the infringement.
FAQ of Alibaba Intellectual Property Protection Platform ↑