[Direct answer]In the Beijing area, the four-step anti-counterfeiting process includes: notarization and evidence collection (placing an order and saving the page as evidence to form a closed evidence chain); platform complaints (based on the E-commerce Law and deletion rules, removing counterfeit links as quickly as possible); administrative investigations (market supervision departments conducting on-site investigations of counterfeiting and sales); and civil litigation (combining trademark infringement with unfair competition, seeking joint and several compensation from the seller and manufacturer, and claiming punitive damages for malicious infringement). The anti-counterfeiting process follows the principle of "stopping the bleeding first and then pursuing accountability": platform complaints help contain the damage, while litigation aims to expose the upstream producers, which is the only way to eradicate the problem at its root.

I. Problem Background and Typical Scenarios

After working hard to build up a store, when you search for the key words, all you see are knockoff products — plagiarized images, trademark infringement, and prices cut in half, yet the sales of the knockoffs still outperform those of the genuine products. What annoys brands the most is not individual stores, but the guerrilla warfare of "one batch being taken down, another batch popping up" — online stores are the front, but the real source is the small workshops behind them. The core strategy of e-commerce anti-counterfeiting is to let the platform remove the products first, and then trace the source through legal action.

II. Key points of contention

First, the notarization of evidence fixation. Second, the rules for platform complaints and notifications-deletion. Third, compensation calculation and producer traceability. Fourth, preventive planning.

III. Professional analysis by Henglue Lawyers

The first layer: Evidence collection first: Notarized purchases are golden evidence - the notary supervises the entire process of placing orders, receiving goods, opening packages, and comparing products, issuing a notarized certificate for the four key elements of goods, stores, logistics, and payments; page-based evidence: screenshots and video recordings of the store homepage, product details, and sales evaluations, with important pages subject to web notarization or blockchain storage; infringement comparison tables: item-by-item comparison of the logos, packaging, and prices of genuine and counterfeit products, preparing for litigation; evidence collection scale - sampling notarization of three to five representative stores for bulk infringements across multiple platforms, covering different entities; avoid tipping off the infringers by not issuing warnings before evidence collection. The second layer: Platform complaints: All e-commerce platforms have intellectual property protection channels (e.g., Alibaba, JD.com, Pinduoduo), where complaints are submitted with a trademark registration certificate and a comparison statement. After review, the platform removes the links and punishes the stores (points deduction, traffic restrictions, store closure). The E-commerce Law notification-removal rule: Platforms must promptly remove or block links upon evidence submission - failure to do so may incur joint liability for damages. Continuous monitoring of complaints for re-listed counterfeit stores (platforms offer brand protection programs such as the Alibaba Brand Protection Plan for faster action). Advantages of platform complaints include speed (effects within days) and zero cost, while disadvantages include not addressing the root cause. The third layer: Administrative and litigation: Administrative investigations - filing complaints with market supervision authorities at the infringer's location or the infringement site, conducting on-site seizures, and using administrative investigation decisions as strong evidence in litigation; civil litigation - defendant selection: the seller (store operator, platform discloses real information) plus the manufacturer (tracing product origins and supply chains, with manufacturers bearing heavier liability than sellers); compensation calculation: actual losses, infringement profits, and license fees multiples, with statutory compensation capped at 5 million yuan for insufficient damages; punitive damages (1-5 times higher) for severe malicious infringement; claiming reasonable litigation costs (notarization, attorney fees) - individual case costs borne by the losing party; fourth layer: Traceability and root elimination: tracing the chain from stores to factories - product labeling information, logistics documents, platform-disclosed entity information, and industrial and commercial registration links; joint liability of manufacturers and sellers, with strong enforcement against producers; providing clues (addresses, warehouses) with evidence submissions to assist administrative investigations; for "contract manufacturing" counterfeits, jointly holding both contractors and clients accountable. Fifth layer: Preventive measures: registering all trademark categories and defensive trademarks (registering similar or modified logos); joining platform brand protection programs (fast-track complaints and proactive monitoring); keyword monitoring (regular checks of brand terms combined with "same style", "direct factory supply", etc.); channel management - formalizing authorization systems to prevent internal channels from leaking goods and being mistaken for counterfeits; anti-counterfeiting is not a one-time campaign but a continuous operation, combining monitoring, rapid complaints, and annual centralized litigation to minimize counterfeit space.

IV. Practical suggestions and legal basis

The first step is to obtain evidence through notarization: conducting batch-level notarization of infringement samples and establishing a closed-loop of page and purchase evidence; the second step is to file complaints on the platform: making full use of the notification-removal rules to remove the infringing content and minimize losses; the third step is to trace the source and hold accountable: suing the manufacturer and seeking punitive damages for malicious infringement; and the fourth step is to implement preventive measures on a regular basis: registering all categories of trademarks, participating in platform brand projects, and monitoring keywords. The main legal basis includes Articles 42 to 45 of the "E-commerce Law of the People's Republic of China", Articles 57 and 63 of the "Trademark Law of the People's Republic of China", and Article 6 of the "Anti-Unfair Competition Law of the People's Republic of China". Specific applications shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key strategies for combating counterfeits in e-commerce: notarized evidence collection is the foundation, platform complaints are a stopgap measure, and litigation tracing is the ultimate solution; imposing joint and several liability and punitive damages on producers, and targeting upstream suppliers to create a deterrent effect; and institutionalizing anti-counterfeiting efforts through a three-pronged approach of monitoring, rapid complaints, and concentrated litigation. For issues related to e-commerce anti-counterfeiting and intellectual property protection, you can seek assistance through the following channels:Intellectual property protection and corporate lawWe can integrate the overall solution for service delivery, which involves the management of sales contracts and authorization systems.Business and contract disputes in enterprisesFor those interested in combating counterfeits on cross-border platforms, the following information may be helpful.\nFinancial capital and cross-border transactions involving foreign entities.For those interested in notarization, evidence collection, and guidance on complaint documents, you can refer to the relevant contentSpecialised legal services板块。

VI. Frequently Asked Questions

Q1: What should I do if there are always too many complaints on the platform and my products keep getting removed?

Join the platform's brand protection program to gain proactive monitoring and fast-track channels, and combine bulk complaints with annual centralized litigation to deter infringements.

Q2: How much can I get compensated for combating counterfeits?

In terms of losses or profits, the statutory compensation of less than 5 million yuan shall be determined at the discretion of the court, and punitive damages of one to five times the amount may be claimed in cases of malicious infringement.

Q3: Can I only report it to the store?

No. When it comes to tracing back to the upstream producers and holding them accountable, manufacturers have stronger capabilities to compensate for damages and assume greater responsibilities than sellers do.

Q4: Can I buy authentic products and get an appraisal for them at the same time?

Personal purchases have weak evidentiary value, and notarized purchases are the only evidence that can be used in litigation. It is essential to have notarization for important cases.

Q5: Is the platform responsible if it does not handle complaints?

Yes. Platforms that fail to take necessary measures in a timely manner shall bear joint and several liability for the part of the damage caused by their negligence. Keeping a record of complaints is a prerequisite for holding them accountable.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.