Copyright:Piracy Interpretation of Complaint Reason

    Definition

Piracy Any goods which are copies made without the consent of the right holder duly authorised by the right holder; or Books, e-books, audiovisual works, or software, reproduced as copies without authorization from the copyright owner

    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: The seller admitted through the Trade Manager chat tool that the product is counterfeit or pirated.
Judicial judgment or administrative decision: Confirmed as infringement through judicial or administrative decisions.
Other forms: Other means of proof besides the above.

    Scenario

Note: The following casess 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 product information page.

Scenario 1: Obvious Piracy
There are text or descriptions in the product listing explicitly showing that the products offered for sale are counterfeit or pirated.
Example:

Complaint reasons: Please describe the features of the infringement.
Supporting evidence: Please provide the comparison document and elaborate in detail the difference(s) between the copyrighted works A and the suspicious pirated product.
Note: The images of infringement in the above are designed for reference rather than for sale.

    FAQ from Rights Holders

  • Q: What does piracy mean?
    A:Piracy shall mean any goods which are copies made without the consent of the right holder or person duly authorised by the right holder.

  • Q: What constitutes supporting evidence of piracy?
    A: Please provide the images of pirated product and genuine product together and compare the images from the same angel. Please specify the difference via screenshot and relevant comments. The supporting evidence could be uploaded at the “Document proof of infringement” section.

  • Q: May I provide other buyer’s feedback of the product being complained as supporting evidence?
    A: No. Currently, buyers’ feedback cannot be applied as supporting evidence. Please prove infringement by other means, such as judicial or administrative decision, Test Buy, chatting records of Trade Manager, etc.

  • 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 sale 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.

  • Q: Does it constitute trademark 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.