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Listing被投诉侵权,收到亚马逊专利评估团队的邮件(patent-evaluation@amazon.com),要求我3周内和权利人协商或者交4000美金进行专利评估,但是后台没有绩效通知。
目前Listing的还在售,但看邮件的意思如果投诉方没撤诉,或者我们没有应诉或者应诉失败了都会删除我们的Listing.
以前侵权类的问题都是Notice- dispute发过来的,我们也只需要向亚马孙绩效团队申诉就好。
但这种专利评估部分发来的邮件我还是第一次遇到,并且 这个应诉也是要收费的。有遇到的朋友能来科普科普吗,这个团队到底是怎样一个团队,我们在处理这种问题最主要要注意什么,怎么样胜诉的可能性更大一点。如果万一败诉了是否还有机会向亚马逊申诉呢?
跪求大神们的建议
先谢谢了
Hello,
We received a report from a patent owner who believes the items listed at the end of this email infringe their U.S. Patent No.
If you wish to continue selling the items listed at the end of the email, you have two choices.
First, you can choose to resolve your claim with the patent owner directly within the next three weeks. If we receive a retraction from the patent owner within the next three weeks, we will allow you to continue selling the items listed at the end of this email. The patent owner's contact information is as follows:
If the patent owner agrees to retract their complaint, they must send the retraction directly to us at patent-evaluation@amazon.com. Forwarded retractions will not be accepted.
Second, you can choose to participate in neutral evaluation of the patent owner’s claim. Amazon’s neutral evaluation procedure is described in the attached document titled “Amazon Utility Patent Neutral Evaluation Procedure.” Please read this document carefully and note that payment of a deposit is required. If you choose to participate in the neutral evaluation, you must agree to the attached Amazon Utility Patent Neutral Evaluation Agreement, complete Exhibit 2 of the Agreement, “Seller-Supplied Information,” and return the completed Agreement to patent-evaluation@amazon.com within three weeks.
Please note that participation in the evaluation process does not guarantee that you will be able to continue to sell the items listed at the end of this email following the evaluation. If the evaluator decides that the items likely infringe, we intend to remove them from Amazon.com. If, however, the evaluator decides the items likely do not infringe, we will not remove your listings from Amazon.com, and your deposit may be refunded in part or in full.
If you do not either resolve your claim with the patent owner directly, or agree to participate in the neutral evaluation process, we will remove the listings at the end of this email from Amazon.com.
To learn more about this policy, search for “Intellectual Property Violations” in Seller Central Help.
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