What is Good-faith Takedown Mechanism?
Good-faith takedown mechanism is designed to cooperate with right owners to promote Intellectual Property Rights Protection overall. Good-faith takedown mechanism aims to help good faith complaining parties to have a better experience when protecting their Intellectual Property Rights via online system.
Why does Taobao establish Good-faith Takedown Mechanism?
Through exploring new ways of Internet intellectual property protection, we are hoping to better assist right owners to protect their intellectual property rights and to ensure prompt processing of each take down notification in an effective and accurate manner.
When will Good-faith Takedown Mechanism be launched?
The Taobao IPR infringement online reporting system has be upgraded on January 6th, 2015, and started a trial run of Good-faith Takedown Mechanism on the same date.
1) The complaint submission interface will be updated. A list of complaint reasons will be available for users to choose when an infringement complaint is filed.
2) User’s account interface will be updated to allow successful takedown rate and successful counter-notification rate raised by sellers to be displayed.
Good-faith Takedown Mechanism is officially launched on April 1st, 2015. Please ensure infringement complaints are submitted truthfully and accurately.
Criteria of Good-faith Takedown Mechanism
Standards of good-faith
Based on the historical data, the qualified good-faith complaints shall meet the following requirements:
1, Takedown rate of shall be 90% or higher;
2, Successful counter-notification rate raised by sellers shall be 1.5% or lower;
3, Proof of intellectual property rights shall be undisputable;
4, Declaration of Good-faith Takedown Mechanism shall be executed.
Meanwhile, the following circumstances shall be deemed as bad faith:
1, Providing forged identity proof;
2, Submitting false infringement complainant, such as submitting forged test buy report or false complaint reasons.
Please note that the standards of Good-faith Takedown Mechanism may be amended where necessary.
Complaint takedown mechanism
Complaints submitted to the Taobao online IPR complaint system shall be handled according to their good faith categories:
1, Good-faith users: complaints shall be processed within 1-3 working day(s).
For better cooperation between Alibaba and right owners, a direct protocol should be established for better and prompt communications. Should right owners have any question, please contact Alibaba directly.
2, Normal users: complaints will be processed approximately in 5-7 working days.
3, Complaints will take more time to be handled where complaining parties are involved in any of the following circumstances:
1) Successful takedown rate of 45% of less, or successful counter-notification rate of 5% or more;
2) Any bad faith record;
3) No historical online records for reference.
After official operation of Good-faith Takedown Mechanism:
1. Status of complaining parties will be calculated and updated automatically per month and displayed on the users’ interface.
2. Complaining parties who fail to meet the good faith requirements will be ejected from Good-faith Takedown Mechanism and cannot re-join within 6 months.
lIf you have any queries or advices regarding Good-faith Takedown Mechanism, please feel free to contact us via email firstname.lastname@example.org.