Broadly two types of infringement

After the products of many developers gradually gain traffic, they will inevitably encounter the problem of being plagiarized. How should we deal with the counterfeit products that appear on the market?

Imitation is unavoidable, and it is also difficult to define. It is normal for products to appear similar to each other. The plagiarism mentioned here refers to copying one's own works stroke by stroke, and the core changes Minimal "re-engraving".

Another situation is name infringement, that is, someone else "falsely uses" your product name in the title or subtitle for looting traffic, and you have a patent on the product name itself, which is also a kind of infringement.

Apple Rights Protection Channel

Solving problems through Apple's official rights protection channels is currently the most effective strategy - although not so efficient.

Because the efficiency of private processing will be lower. First, the infringer is not necessarily from the same country as you. If you contact them, there is a high probability that they will ignore you. Second, even if the infringer is from the same country as you, if you are not In the case of serious reputation and property losses, the method of solving the problem through legal channels is somewhat "overwhelming", and it is easy to "run away from work".

The Apple rights protection channel is the following URL, which is recommended to be saved in the browser:

https://www.apple.com/legal/internet-services/itunes/appstorenotices/#?lang=zh

What needs to be filled in for channel rights protection

It is basically divided into three parts:

Rights defender information: rights holder, company, name, phone number, address, email address.
Information of the infringing party: The information of the infringing party does not require the name or ID card of the other party, as long as the link of the app of the infringing party is provided.
Select the dispute type: the dispute types include copyright, privacy, publicity, trademark, keyword, patent, and others.
Description of the disputed issue: The core description of rights protection. This part is more important. You should explain your identity, the proof of rights you own, etc. If possible, provide a query link related to the proof of rights. But it should be noted that attachments cannot be provided here, and this part of the content can be provided after the email communication stage.

What happens after channel rights protection

After channel rights protection, Apple will take a few working days to process the rights protection list, and then he will send your complaint information to the other developer and send you a copy.

The subject of the email is:

Apple Inc. (our ref# APP####) Notice of Complaint

"####" is the list number, if there are multiple complaints, please pay attention.

The content of the letter will include a copy of your complaint, and the letter will be accompanied by the following copy:

We look forward to receiving written assurance that your applications do not infringe Complainant’s rights, or that the parties are taking steps to promptly resolve the matter. Please keep us apprised of your progress.

Translation: We look forward to receiving written assurances that your application does not infringe the rights of the complainant, or that the parties are taking steps to resolve the issue expeditiously. Please keep us informed of your progress.

The next thing is the email conversation between you and the other party, but it should be noted that when Apple sends the first email, it is the other party (complainant) who has the obligation to respond, not you (right holder), you have to do The most important thing is to wait patiently for news from the other party.

If the other party does not reply to the email for a long time, it will be good news for you, because Apple will directly acquiesce in the other party's abandonment and remove the other party's work or title.

What to keep in mind when communicating via email

The main points are as follows:

It's very important to make sure you don't miss emails, and make sure they don't get cleaned up by your email system's spam filter. In addition, NetEase mailboxes can easily reject suspicious emails. It is best not to use NetEase mailboxes, as Outlook is relatively reliable.
Reply immediately when you receive an email, don’t delay, Apple will default you to give up after a long time, in addition, make sure to reply to the email with "reply to all", do not reply to the other party individually, and ensure that Apple can also receive the reply.
Because the communication is likely to last for several rounds, each time a full reply is made to the latest reply email, do not search for one reply at random, to avoid confusion in the order of communication.
Don't talk nonsense, don't make threats, you just need to write four things clearly: first, declare that you are the right holder; second, claim that the other party has constituted an infringement; third, ask Apple to delete the other party's app or delete the account; fourth, if the other party refuses If you do not cooperate, you will be dealt with through legal means.

Most of the time, the other party will give in and take the initiative to take the product off the shelf to rectify the product, or they may drag or negotiate with you. This specific coping strategy depends on the developer's own experience and actual needs.

How long does it take from communication to resolution

This depends on many factors, the most important one is your "opponent". If the opponent is a cunning and cunning person who is able to delay, it is easy to delay for several months.

Apple generally waits 3 to 5 working days for non-response emails. If the other party takes 4 working days to reply to you every time, and replies a little each time, it is easy to delay a large number of communication rounds.

At this time, you must point out the other party’s intentions and say that you suspect that the other party is deliberately delaying time to avoid responsibility. Because it is a multi-party email communication, Apple’s presence should be considered when discussing issues. It is necessary to put pressure on the other party and remind them. How should Apple stand. It is best to ask a lawyer friend or someone with relevant experience to handle this part of the content.

Details about the presentation of evidence

Apple has a very important principle of doing things in the face of infringement disputes, that is, "refer to previous judgments."

That is to say, if you have ever won a lawsuit in this kind of infringement dispute, it will greatly increase your points on Apple's side. In any case, the documentation for the case should be provided or the address is listed in the email.

Successful cases of complaints in the past can also be provided as evidence through email screenshots (but be careful to code the email address and other information of the person you reported, so as not to get in touch with the current opponent, because the opponent’s opponent is a friend , they combine to do you no good). In this way, Apple's scale will tilt towards you.

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