With the vigorous development of the e-commerce industry, intellectual property (IP) infringement has entered a high-incidence period. Whether you are a brand facing rampant counterfeits and stolen creativity, or a merchant at risk of penalties for unintentionally stepping on IP infringement mines, it is crucial to clearly understand the complaint and appeal rules of e-commerce platforms. This article integrates the mechanisms of major Chinese e-commerce platforms, common types of IP infringement, and the complete handling process to help you quickly grasp the core logic of rights protection and avoid operational risks.
I. IP Protection Systems of Major Chinese E-Commerce Platforms
Currently, all major Chinese e-commerce platforms have established specialized IP protection platforms/channels and clarified complaint and appeal rules. Among them, Alibaba Group E-Commerce (Taobao/Tmall/1688/AliExpress), JD.com, Pinduoduo, and Douyin E-Commerce are the most representative, with their core mechanisms as follows:
1. Alibaba Group E-Commerce (Taobao/Tmall/1688/AliExpress)
It relies on the “Alibaba Intellectual Property Protection Platform (IPP Platform)” to provide one-stop rights protection services, covering all e-commerce scenarios under the group. After brands complete registration and filing, they can submit identity documents and IP certificates (trademark/patent/copyright certificates, etc.) once, without re-uploading them for subsequent complaints. The platform supports online submission of infringing links and evidence materials. If a complaint is established, the platform will remove the infringing products and simultaneously notify the complained merchant to file an appeal.
2. JD.com
JD.com handles relevant disputes through its “JD Intellectual Property Rights Protection Platform (ipr.jd.com)”, clearly stipulating that IP owners and interested parties (such as exclusive licensees) can initiate complaints. The platform provides a clear entrance for querying complaint progress. Complained merchants can submit appeals within 1-3 working days after receiving the notification, with a maximum of 3 appeal opportunities and a 7-working-day cycle for each appeal. High-risk infringing products may be forcibly removed directly.
3. Pinduoduo & Douyin E-Commerce
Pinduoduo has launched an “Intellectual Property Rights Protection Center”, supporting online submission of complaint materials and real-time tracking of handling progress. It imposes gradient penalties (such as score deduction, traffic restriction, and store closure) on stores with malicious infringement. Douyin E-Commerce, through its “Douyin Intellectual Property Protection Platform”, quickly handles infringing behaviors in short-video live streaming and store operations (such as material theft and counterfeit sales), while linking with the platform’s content review mechanism.
II. Common Types of IP Infringement in the E-Commerce Sector
According to 2024 e-commerce IP complaint data, trademark infringement, patent infringement, and copyright infringement account for over 90% of total cases. Meanwhile, hidden infringement risks are frequent and require close attention:
1. Trademark Infringement (42% of total cases)
As the most common type of IP infringement, it includes selling counterfeit registered trademark products, using others’ trademarks without authorization (e.g., marking well-known brand names in product titles, main images, or packaging), and maliciously registering common terms as trademarks to complain about competitors. For example, after common terms like “airbag” and “One” are maliciously registered as trademarks, merchants may be complained about for using them in product titles.
2. Copyright Infringement (25% of total cases)
It mainly occurs in visual materials and text content: stealing others’ designed illustrations, posters, and product images; using film and television IPs or animation characters without authorization (e.g., popular IPs like *Kung Fu Panda* and *Gabby’s Dollhouse*); abusing fonts or AI-generated materials without compliant authorization; and plagiarizing product detail page copy. Note that even if marked as “online materials” or slightly modified, content that constitutes substantial similarity to the original work still constitutes infringement.
3. Patent Infringement (28% of total cases)
It is divided into three categories: invention patent infringement, utility model patent infringement, and design patent infringement, among which design patent infringement is the easiest to be ignored. For example, small household appliances, toys, and home goods whose overall shape, lines, or decorations are highly similar to authorized design patents; some merchants mistakenly believe that “public-mold products” are risk-free, but they may actually constitute infringement. In addition, attention should be paid to the situation where patent holders “indulge infringement first and then sue collectively” (tacitly allowing sales before initiating centralized complaints).
4. Hidden Infringement Risks
These include reverse complaints after domain name cybersquatting, store names similar to others’ trademarks, slogans infringing copyrights, and product packaging imitating the layout of well-known brands. These “seemingly compliant” behaviors often become high-risk areas for IP infringement complaints.
III. Complete Process: From Complaint Initiation to Appeal Conclusion
The handling of IP disputes on e-commerce platforms follows a closed-loop process of “Complaint – Notification – Appeal – Review”. Brands and merchants need to master the corresponding operational points respectively:
(I) Complaint Process (From the Perspective of Brands/IP Owners)
- Preliminary Preparation: Collate identity documents (personal ID card/enterprise business license) and IP certificates (trademark registration certificate, patent certificate, copyright registration certificate, etc.). If acting as an agent, an additional power of attorney from the IP owner is required. Collect infringement evidence: infringing product links, store screenshots, physical product photos, transaction records, etc., to clearly prove the infringement fact.
- Submit Complaint: Log in to the IP protection platform of the corresponding e-commerce platform, fill in complaint information (complained store name, infringing link, infringement type) as prompted by the system, upload prepared materials, and wait for platform review after submission.
- Platform Review & Handling: The platform usually completes preliminary review within 3-7 working days. If the evidence is sufficient, the complaint will be accepted, and measures such as removing infringing links, taking down products, and deducting scores will be taken, with a notification sent to the complained merchant. If the evidence is insufficient, the platform will inform the complainant of the required supplementary materials at one time.
- Follow-Up: IP owners can log in to the platform to query the progress. If the complained merchant files an appeal, the IP owner should promptly check the appeal materials, respond to the platform, and supplement refuting evidence.
(II) Appeal Process (From the Perspective of Merchants)
- Receive Notification: Receive the IP infringement complaint notification via platform messages, emails, etc., immediately check the complaint details (complainant, infringement type, evidence), and confirm whether there is actual infringement.
- Appeal Preparation: If there is no infringement, collate non-infringement evidence, including: ① Own IP certificates (e.g., own trademark/patent certificate); ② Legitimate authorization documents (e.g., brand authorization letter, purchase certificates for distributors); ③ Evidence comparison explanation (e.g., differences between the product and the complainant’s IP documents); ④ Other supplementary materials (e.g., original design drafts, copyright authorization agreements).
- Submit Appeal: Log in to the rights protection platform within the time limit specified by the platform (e.g., 1-3 working days for JD.com, 7 working days for Alibaba Group E-Commerce), submit appeal materials, and clearly state the reasons for non-infringement to avoid ambiguous expressions.
- Platform Review & Conclusion: The platform will forward the appeal materials to the complainant, who can respond within the specified time. After reviewing materials from both parties, the platform will make a final decision: if the appeal is established, the products will be restored, and penalties will be revoked; if the appeal fails, the original decision will be maintained, and the merchant can apply for a second appeal (if permitted by the platform rules).
IV. Key Reminders: Risk Avoidance & Efficient Rights Protection
1. Evidence Preservation is Key: Whether initiating a complaint or appeal, complete and valid evidence is crucial for success. Transaction records, chat logs, design drafts, and authorization documents should be properly kept to avoid failure due to insufficient evidence.
2. Guard Against Malicious/False Complaints: IP owners who maliciously file false complaints shall bear civil liability and may face double compensation for losses caused to merchants. Merchants encountering malicious complaints can submit counter-evidence to the platform and report to market supervision authorities.
3. Proactive Compliance Layout: Merchants must verify the IP ownership of products sold and avoid using unauthorized materials; brands should register IP rights in a timely manner, complete platform filing, and conduct regular self-inspections for infringement.
4. Cross-Platform Rights Protection Coordination: If infringement involves multiple platforms, complaints can be initiated simultaneously on each platform. When necessary, further rights protection can be carried out through China’s 12315 Government Service Platform (consumer complaint hotline) or relevant judicial channels.
IP protection is the cornerstone of the healthy development of the e-commerce industry. Both brands and merchants must respect rules and take the initiative to comply with regulations. Mastering the clear complaint and appeal process can not only protect your legitimate rights and interests in a timely manner but also avoid operational impacts caused by accidental infringement. If you need a detailed document list or process screenshots for a specific platform, feel free to leave a comment below~