Where can Taobao sellers complain about the infringement of portrait rights? How can I complain to the seller?

According to relevant statements, we should think that complaints about intellectual property rights are actually infringement reports, and it is necessary to submit valid proof of relevant copyright or ownership to Taobao before making complaints. According to China's General Principles of Civil Law, as long as certain conditions are met, civil liability that constitutes infringement of portrait rights can be identified, including infringement on Taobao.

I. Complaint procedure

That means that this report has been established, and the reported goods have been directly deleted by Taobao; Can be viewed in the store punishment history; Intellectual property complaints are actually infringement reports, which are unnecessary. Informants need to submit valid proof of relevant copyright or ownership to Taobao, otherwise they will not be accepted.

After being accepted, the reported goods will be cleaned up and there may be additional penalties. The only condition for your complaint is that you can submit written materials to prove that you have the intellectual property rights of the goods, otherwise it is useless.

Second, the way of civil liability for infringement of portrait rights in China is mainly the way of civil liability.

This kind of civil liability includes stopping the infringement, eliminating the influence, apologizing and compensating for the losses. Among them, stopping the infringement, eliminating the influence and apologizing are non-property liability methods, and compensating for losses is property liability methods. In China's judicial practice, the determination of tort liability is generally:

One is "for profit", which is the standard of compensation. That is to say, no matter whether the circumstances are serious or not, whether it is profitable or not, as long as the purpose of illegal use is profit and the owner of the portrait demands compensation, the infringer must bear the liability for compensation.

Secondly, for the non-profit infringement of portrait rights, that is to say, the determination of compensation for spiritual interests of infringement of portrait rights is based on "serious circumstances". If the circumstances are minor and have not caused serious consequences, material compensation is generally not awarded.

General Principles of Civil Law of People's Republic of China (PRC)

Chapter V Civil Rights

Article 100 Right of Portrait

Citizens have the right to portrait, and their portraits shall not be used for profit without their consent.

Extended data

The infringement of portrait right is a certain principle to determine the civil liability for infringement of portrait right.

According to China's General Principles of Civil Law, as long as these three requirements are met, civil liability that constitutes infringement of portrait rights can be identified:

1, the occurrence of damage facts. For example, after the victim's portrait right is infringed, the victim's reputation, status and identity are hit, which brings mental pain, mainly reflected in the fact that the possibility of the portrait owner obtaining property benefits from his portrait is reduced, including direct losses and indirect losses, including mental damage and material damage.

2. The infringer is subjectively at fault (including intention and negligence). That is, if there are acts prohibited by laws and regulations in photography activities and illegally infringe on the portrait rights of others, it can be considered that there is a fault.

3. There is a causal relationship between the damage facts and the tort. This causal relationship must be an inherent, essential and inevitable connection between the photographer's behavior and the damage result.

Show Lo, a famous singer and actor in Taiwan Province, recently encountered a depressing thing. A photo he once endorsed for a famous potato chip in China was "grafted" on the packaging of a brand of soda water without permission. This soda is also available on Taobao.

In a rage, Show Lo took Zhejiang Taobao Network Co., Ltd. (hereinafter referred to as Taobao) and the soda producer to court, sued the two defendants for infringing their portrait rights, demanded that the infringement be stopped immediately, and compensated nearly 660,000 yuan for various economic losses. This afternoon, the case was heard in the Yuhang District People's Court in Hangzhou.

People's Daily Online-Show Lo sued Taobao for infringement of portrait rights. The seller involved said that I didn't know him at all.