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How to report the incomplete qualifications of Xiaohongshu industry?
So how to complain (little red book infringement! How to complain about the personal reputation of corporate brands)
I. Acceptance of infringement complaints
1. Infringement of personal rights such as reputation rights and portrait rights;
2. Infringement of trademark rights, copyrights, patents and other intellectual property rights.
Two. Infringement notification procedure
If the obligee thinks that the user's notes, mall goods or services on the platform of Xiaohongshu infringe his personal rights and intellectual property rights, please initiate a written complaint to Xiaohongshu according to the following procedures and requirements.
1. The obligee downloads the notice of infringement complaint, fills in the information as required in the form, and submits the preliminary certification materials (according to Article 5).
2. Send the Notice of Infringement Complaint and the preliminary certification materials to the designated mailbox with the name of "the name of the obligee+the complaint".
3. "Little Red Book" will conduct formal review after receiving the materials. Handle the complaints that meet the requirements, and refuse to accept the "little red book" for cases with unknown qualifications, incomplete materials or other nonconformities until the obligee supplements the complete information. After the "Little Red Book" officially accepts the complaint, it will conduct a superficial review of the material content and make an audit result. If the complaint is approved, "Little Red Book" will take corresponding measures to prevent further damage.
4. "Little Red Book" has the right to request the obligee to provide or supplement the corresponding materials according to the specific circumstances during the review process, and the obligee shall give a reply or supplement within a reasonable time limit set by "Little Red Book". Failure to reply or supplement at the expiration of the time limit shall be deemed as the creditor's withdrawal of the complaint. The obligee can also take the initiative to withdraw the complaint. Whether the obligee voluntarily withdraws or is regarded as withdrawing, "Little Red Book" has reason to believe that the original alleged infringement did not exist from the beginning.
Three. Anti-notification procedure
The obligee should know that when Xiaohongshu takes measures to freeze or block the suspected infringing link according to the complainant's application and supporting materials, it will inform the complained Xiaohongshu users or businesses of the notice and related measures. If the complained little red book user or merchant thinks that his behavior has not infringed upon the legitimate rights and interests of others, he should download the non-infringement statement to fill in and prepare the complaint materials (provided according to Article 6) within 5 working days after receiving the notice, and submit the statement and materials to Little Red Book. "Little Red Book" will forward the statement to the complainant after receiving it, and inform the complainant that he can complain to the relevant competent authorities or bring a lawsuit to the people's court. If the "little red book" does not receive the notice that the obligee has sued or sued within 15 days after transmitting the statement to the complainant, it may terminate the measures taken in time.
Four. Preliminary supporting materials
1. Identification documents of the complainant:
2. Individuals: including ID card, household registration book, passport, foreigner residence permit, etc. Within the validity period. If you provide a resident identity card, please provide a copy of both sides; If you provide other documents, please provide copies of the first page and personal page of the documents (or scanned copies of the original). The most commonly used valid identity document is the resident identity card within the validity period.
3. Companies, enterprises or social organizations: Enterprises, institutions and social organizations are required to provide copies (or original scanned copies) of their business licenses, legal person certificates of institutions and legal person registration certificates of social organizations within the validity period and affix their official seals.
4. Certificate of entrustment: If the complainant entrusts others to handle the infringement, in addition to the certificate of item 1, it is also required to provide a true and legal power of attorney (signed or sealed by the obligee) and the identity certificate of the agent (prepared according to item 1).
3. Certificate of ownership:
1. Infringement of individual rights:
Right of reputation: infringement facts and infringement damage facts;
Portrait right: portrait source and ownership certificate.
2. Intellectual property infringement:
If it is an infringement of intellectual property rights, please provide proof of ownership:
Copyright: copyright registration certificate, creative manuscript, proof of publication time of the work, certificate of ownership issued by certification body, contract for obtaining copyright, etc. ;
Trademark right: trademark registration certificate and trademark license contract;
Patent right: patent certificate, patent claim and specification, etc.
3. Preliminary proof materials that do not constitute infringement.
Ownership certificate: including but not limited to the ownership certificate of the frozen or blocked infringing link, the ownership certificate of the information network communication right, the creation manuscript, the creation time stamp of the work issued by the authoritative organization, the work filing certificate, the power of attorney and other valid ownership certificates that can prove that the complained party has relevant rights;
Proof that the bill/commodity/service provided by the respondent does not constitute infringement: including but not limited to valid proof that the bill/commodity/service provided by the respondent does not infringe the rights of the obligee such as personal rights, copyright, trademark rights or patent rights.
4. Defendant's guarantee: Defendant shall be responsible for the truthfulness, validity and legality of the statements and materials provided in the non-infringement statement, and guarantee to bear all losses caused by the recovery of the complained bills/goods/services to Xiaohongshu due to the respondent's defense and all legal responsibilities arising therefrom.
5. If you entrust others to make a complaint, you should also provide a legal and effective power of attorney and the identity certificate of the trustee.
6. The respondent shall sign the non-infringement declaration or affix the official seal, otherwise the little red book will not be accepted.
The above are the rights protection rules of Xiaohongshu. If you don't understand anything, please don't hesitate to ask.
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