Patent Infringement Behind Taobao Store Link Deletion Event

Patent Infringement Behind Taobao Store Link Deletion Event

With the continuous development of e-commerce platforms, online shopping has been integrated into all aspects of our daily life. Have you ever encountered a sudden discovery that product links have been deleted or products have been removed from the shelves when shopping in online stores? In fact, if the above situation occurs for some products, it is likely to be due to patent infringement. in this year, Taobao a lamp shop was complained of appearance patent infringement. Appearance patent number of the complainantZL 202030075422.1, patent names of planets., the design point is the shape.Comparing the appearance of a certain lamp in the store with the ceiling lamp disclosed in the patent, the overall appearance design of the two lamps is very similar except that the wick is cylindrical and the wick is spherical. Therefore, there is obvious infringement in the Taobao link. The Taobao store merchant finally failed to appeal and the link was deleted.

What is patent infringement, patent infringement refers to China's "the People's Republic of China Patent Law" No.Article 60 refers to the act of implementing a patent without the permission of the patentee. The implementation here refers to the manufacture, use, promise to sell, sell, import its patented products or the use of its patented methods and the use, sale, promise to sell, import products directly obtained in accordance with the method.Among them, what constitutes patent infringement must be based on the premise of a valid patent, and the implementation of a patent that has been declared invalid, abandoned or a technology whose patent term has expired does not constitute patent infringement.

With regard to the determination of patent infringement, courts at all levels and patent administrative departments have widely adopted the following criteria when dealing with patent infringement disputes:1) The principle of comprehensive coverage, that is, the product or method accused of infringement contains all the necessary technical features recorded in the claims; 2) The principle of equivalence, that is, after studying the patent specification and claims of the patentee, ordinary technicians in the technical field can associate the features without creative intellectual work, and compared with the patented technology, the purpose, function and effect are the same or basically the same, it should be determined that the infringement is established; 3) The principle of estoppel, that is, the technical scheme abandoned by the patentee in the patent authorization or invalidation procedure, in the case of patent infringement dispute, the patentee is prohibited from including it in the scope of patent protection; 4) The principle of redundant designation, that is, in the case of ignoring unnecessary technical features, only the necessary technical features in the claim are used to determine the scope of patent protection, and determine whether the alleged infringement object falls within the scope of protection of the claims.

In the process of production and operation of enterprises, they often encounter the problem of patent infringement, which has a significant impact on the production and sales of enterprises, which is not conducive to the development and growth of enterprises, and even has an irreparable negative impact on enterprises. Patent infringement retrieval is a very effective way to avoid these risks. Infringement search is divided into anti-infringement search and passive infringement search, anti-infringement search refers to the active patent search of a new technology and new product in order to avoid patent disputes, the purpose of which is to find out the patent that may be infringed by it, so as to take evasion, licensing, invalidity and other means to deal with it. Passive infringement search, also known as invalid search, refers to the patent search carried out when being controlled by others, the purpose of which is to find out the evidence of invalid litigation against the infringed patent. It can be seen that patent infringement search also occupies an important position in the development of enterprises.