1. definition
1.1"notification of infringement" in these rules refers to the complainant's zuccn the goods sold or services provided on the internet, or the product information displayed for selling goods or providing services may infringe on its intellectual property rights, that is, patent rights, trademark rights, copyrights, etc., and initiate actions to safeguard its own legitimate rights and interests.
1.2a “complainant” in these rules refers to a person who files a complaint with the zuccn a natural person, legal person or other organization that initiates a rights protection complaint.
1.3"respondent" in these rules refers to the complainant who believes and clearly identifies the zuccn third-party merchants who sell goods or provide services that infringe their intellectual property rights.
1.4the complainant should carry out rights protection activities in accordance with the requirements of the rules. anyone who abuses intellectual property rights to make malicious complaints and exclude competitors is suspected of constituting unfair competition and should bear legal liability (including but not limited to the liability for double compensation) in accordance with the law. this will result in zuccn causing losses, zuccn reserves the right to pursue legal liability.
2. complaint handling process
2.1complainant’s qualifications
2.1.1intellectual property rights owners and their interested parties (hereinafter collectively referred to as "right holders") have the qualifications to complain.
2.1.1.1“"intellectual property owner" is the collective term for the exclusive right holder of a registered trademark, patentee, and copyright holder.
2.1.1.2“"stakeholder" refers to the licensee of the intellectual property use contract. the licensee of the exclusive use license contract can complain independently; the licensee of the exclusive use license contract can complain jointly with the intellectual property owner or before the intellectual property owner. if you do not want to complain, you can file a complaint on your own; the licensee of a general use license contract can file a complaint if expressly authorized by the intellectual property owner.
2.1.1.3rights holders can make complaints themselves or entrust an agent to make complaints.
2.2infringement notice form review process
2.2.1 the complainant should be at zuccn the intellectual property protection platform sends an infringement notice, and the complaint link is: [ http://zuccn.com/. ....................】。
2.2.2 the infringement notification sent by the complainant should contain the following:
(1) identity proof materials:
if it is an enterprise, it must provide a business license and a letter of authorization for the person in charge, valid contact information and address; if it is an individual, it must provide a scanned copy of the personal id card, valid contact information and address;
if an agent is entrusted to make a complaint, the agent must provide proof of the agent's identity and a power of attorney from the rights holder. the power of attorney should contain relevant content such as the rights holder's explicit authorization of the agent to make intellectual property rights protection complaints, and be stamped with the rights holder's official seal or signature. .
if the complaint is made by an interested party, materials that can prove the identity of the interested party must be provided.
(2) proof of ownership:
including patent certificates, trademark certificates, scanned copies of original copyright registration certificates, original pictures of stolen pictures and other supporting materials.
(3) basic materials proving infringement:
materials that the complainant believes can prove the infringement. the materials must clearly indicate the specific content and reasons for the alleged infringement of the above intellectual property rights, and state the claims.
1、complaints involving patent rights must submit a "patent infringement comparison report"; complaints involving utility model patent rights and design patent rights must submit a "patent rights evaluation report".
2、valid judicial judgments, administrative rulings and other supporting documents related to the alleged infringement object (if any); entrust an intellectual property rights protection assistance center or an intellectual property intermediary service agency to issue a patent infringement determination advisory opinion (if any).
(4) the name of the product or service and the specific internet link requested to be deleted or blocked.
2.2.3the complainant shall be responsible for the authenticity, legality and accuracy of the complaint materials and notifications. the identity information documents submitted by the complainant should be clear and complete. the ownership information documents submitted should be scanned copies of the original ownership certificates. each document should be signed by the complainant (the complainant is a natural person) or stamped with complaint. official seal (the complainant is a legal person or other organization).
2.2.4zuccn after receiving the infringement notice from the complaining party, the formal review will be completed within 2-6 working days. for infringement notices that pass the formal review, the complainant will be notified that they have passed the formal review and will enter content review; for infringement notices that have not passed the formal review, the complainant will be informed of the complaint. the person rejects the infringement notice.
2.3content review process for infringement notifications
2.3.1 after entering the content review process of the infringement notification, zuccn the notification will be reviewed to see whether it contains preliminary evidence of infringement, that is, the qualification of the complainant, the authenticity of the complaint materials, the correlation between the complaining rights and the object of the complaint, etc.
2.3.2 during the content review process, zuccn the authority has the right to decide, depending on the specific circumstances, whether to require the respondent to provide information and materials related to the subject of the complaint, so as to facilitate zuccn determine the validity of the infringement notification.
2.3.3 zuccn it has the right to review the validity of the infringement notice based on the complaint notice and the information and materials related to the object of the complaint provided by the respondent, and complete the content review within 7-15 working days, which may be extended under special circumstances.
2.3.4for infringement notifications that pass content review, zuccn necessary measures such as deletion, blocking, and disconnection of links will be taken against the object of the complaint; for infringement notices that fail content review, the complainant will be notified to reject the infringement notice.
2.4 process after taking measures
2.4.1 zuccn the infringement notice that has passed the content review will be forwarded to the respondent, who can provide a non-infringement statement within 2-5 working days. the non-infringement statement should include preliminary evidence that there is no infringement.
2.4.2 if the respondent provides a non-infringement statement within 2-5 working days, zuccn the non-infringement statement will be forwarded to the complainant and informed that the complainant can complain to the relevant competent authorities or file a lawsuit in the people's court. zuccn forwarding a statement of non-infringement to the complainant does not mean zuccn it is recognized that the non-infringement statement includes prima facie evidence that there is no infringement.
2.4.3 if the complainant complains or files a lawsuit with the relevant competent authority within fifteen days of receiving the non-infringement statement, he should send a scanned copy of the complaint or lawsuit notice to zuccn intellectual property protection system.
2.4.4zuccn the right to make decisions based on relevant circumstances such as dispute resolution between the two parties. zuccn whether to terminate or change the measures taken.
2.5withdrawal of complaint
2.5.1the complainant may withdraw the complaint voluntarily.
2.5.2zuccn during the review process, the complainant may be required to respond to comments or submit additional materials according to specific circumstances. the complainant must zuccn if the complaint is not answered within a reasonable period of time, the complaint will be deemed to have been withdrawn.
2.5.3if the complainant voluntarily withdraws the complaint or is deemed to have withdrawn the complaint, it will be deemed to have given up the complaint from the beginning. zuccn there are sufficient reasons to believe that the alleged infringement that was originally complained of did not exist from the beginning.
2.6 public announcement of handling of infringement notices
zuccn the company has the right to publicize received notices, statements and processing results of intellectual property infringement in accordance with legal provisions. both the complainant and the respondent are aware of this and have no objection.
3. commitments of the complainant and the respondent
3.1both the complainant and the respondent guarantee the authenticity, legality and accuracy of the information provided. any consequences and responsibilities caused by the untrue information provided by the complainant and the respondent shall be borne by each. zuccn complainants and respondents who provide false materials have the right to take necessary measures such as restricting complaints and blocking accounts, and the party providing false information shall respond zuccn be liable for compensation for losses suffered as a result.
3.2the complainant and the respondent admitted zuccn have the right to review and determine the validity of the infringement notification on their own, and zuccn it has the right to decide whether to provide one party with the information provided by the other party during the review process of the infringement notice based on the needs of the review.
3.3the complainant and the respondent authorize and agree zuccn for the purpose of handling complaints, the information and documents provided by both parties will be transferred to an authoritative third-party professional organization to assist in judging and reviewing the validity of the infringement notice.
3.4according to legal provisions, zuccn the merchant information has been made public and the complainant is aware of it. therefore, unless otherwise expressly provided by law, the complainant acknowledges zuccn there is no obligation to further disclose information to any third party. the complainant and the respondent understand that, unless otherwise provided by law, zuccn there is no obligation for a party to disclose information about the other party or any third party.
4. disclaimer
4.1because the materials provided by the complainant were incomplete and did not meet legal requirements, the application could not be approved. zuccn reviewing the validity of the infringement notice shall be deemed zuccn not aware of the complaint, zuccn disclaims any direct or indirect liability arising therefrom.
4.2the complainant and the respondent shall provide sufficient supporting materials for their complaint handling process at one time. for new materials that are not provided at the time of the complaint but are submitted in subsequent administrative or judicial proceedings, the complainant, the respondent or any third party shall not allowed to claim zuccn inadequate review of infringement notices and requests based on zuccn bear any direct or indirect liability.