FAQ of Good-faith Takedown Mechanism of Alibaba

DATE: 2021-12-28

Q1: What is the difference between the original Good-faith Takedown Mechanism and the upgraded mechanism?

A: The upgraded Good-faith Takedown Mechanism (“the Mechanism”) offers simplified admission, clear assessment standards and added benefits to participants.

• Faster processing: Alibaba will prioritize the complaints of accounts admitted to the Mechanism in order to increase the efficiency of enforcement on IPP Platform.

• Simplified Requirements: Due to the demonstrated history of accurate reporting, accounts admitted to the Mechanism may be afforded, consistent with applicable law, reduced burden of proof requirements for certain complaint bases.

• Enhanced dashboard: Alibaba will, consistent with and subject to laws and regulations, provide rights holders with additional notice and takedown statistics for their reference and to enhance interactions with rights holders more efficiently and effectively.

• Monthly conference calls: Accounts within the Mechanism can book monthly conference calls for in-depth communication on intellectual property issues with Alibaba. Meanwhile, Alibaba may proactively get in touch with participating rights holders to provide customized guidance, and improve the enforcement experience and results, outcomes if our system detects the account may be experiencing delays, rejections or other indications that additional support is needed.

• Enhanced reporting bases: Additional grounds provided via complaint reason codes, in order to further enhance the efficiency and effectiveness of reporting for accounts within the Mechanism.

Q2: How can I join the program of the Good-faith Takedown Mechanism?

A: Upon the formal launch, the upgraded Mechanism will be open to all the accounts on our IPP Platform who meet the admission threshold. Once an account meets the admission thresholds (either at launch or later), the account will be automatically upgraded. No action is required by an account holder.

Q3: For accounts that are removed due to failure to meet the program threshold, can the accounts rejoin the Mechanism immediately when the statistics in the following month meet the admission threshold again?

A: No, accounts that are automatically removed from the Mechanism due to a failure to meet the threshold requirements will be ineligible to rejoin the Mechanism for the standard three-month period. Following the expiration of the three-month period, the statistics of the account will be reviewed for the purpose of readmission to the Good-faith Takedown Mechanism and, if they qualify, are automatically readmitted into the upgraded Mechanism.

Q4: I am a not a famous brand, can I join the Good-faith Takedown Mechanism?

A: Yes. Alibaba protects the IP of all rights holders equally, and does not differentiate between brands based on size or fame. Rights holders are responsible for submitting legitimate and accurate IP infringement complaints, and accounts which meet the admission thresholds are automatically admitted to the upgraded Mechanism. If there is malicious behavior, it will be dismissed immediately and will not be granted the chance for re-admission to the Mechanism.

Q5: Is it only the overall reporting data or the data for individual reason codes that is relevant for determining eligibility for the upgraded Mechanism?(i.e. Successful overall takedown rate >=90%, successful counter-notification rate <=5% during the previous three calendar months.)

A: Alibaba considers both an account’s overall reporting data as well as the reporting data for individual reason codes.

Q6: What kind of behavior is considered to be a malicious act?

A: Malicious acts refer to actions such as:

Using false or other misleading information, concealing material facts or information, or other untruthful actions.Some examples include:

1）Making false representations in connection with a complaint;

2）Copying another party’s copyrighted images and presenting it as one’s own by displaying it on an official website and using it to complain about sellers’ copyright infringements;

3）Modifying evidence such as screenshots of “Ali Wangwang” (Online chatting software) chat history;

4）Describing the type or model of a product that the rights holder has actually manufactured as never manufactured, stating “no such model or style exists”;

5）Filing a complaint despite knowing that the rights are unstable or defective, such as the existence of prior copyrighted works in a copyright case or a prior art in a patent case;

6）In the absence of sufficient evidence, describing authentic appeal (counter-notice) materials submitted by sellers, such as purchase invoices and authorization documents, as forgeries.

Q7: What kind of behavior is considered an abuse of the Mechanism or other means to disrupt the normal operation of Alibaba platforms or the sellers?

A: Such actions include, but are not limited to:

• Cases where Alibaba determines that the rights holder is taking advantage of the Good-faith Takedown Mechanism to pressure or disrupt the normal and legal operations of the sellers rather than using the Mechanism for the legitimate protection of the rights holder’s IP;

• Disguised in a seemingly legitimate manner, take advantage of the platform rules or Good-faith Takedown Mechanism for the purpose of disrupting the normal operation of Alibaba platforms or the sellers (for example, repeatedly filing complaints and then withdrawing within the period allowed by the platform rules);

Q8: How is the successful takedown rate and the successful counter-notification rate calculated?

A: The successful takedown rate essentially refers to the ratio of accepted submissions relative to total submissions. The successful counter-notification rate refers to the ratio of accepted counter-notifications of sellers, plus withdrawals from rights holders, relative to total accepted rights holder complaints.

Q9: How often will Alibaba review the statistical performance of accounts to determine whether they continue to meet the threshold requirements of the upgraded Mechanism? Once per month or once per three months?

A: Monthly. Each month Alibaba’s system will automatically calculate the statistical performance of Good-faith Takedown Mechanism accounts based on the aggregated submission and counter-notice data for the prior three calendar months.

Q10: In calculating the statistical performance of accounts, will the data included in the prior three calendar months review be determined based on the time complaints are submitted, the time listings are removed or some other time?

A: Calculations will be based on the complaint submission time. For example, a statistical calculation in April 8 would be based on complaints filed beginning January 1 through March 31 (China time).

Q11: Does the Mechanism admission criteria include a requirement for a minimum number of complaints to be maintained after joining?

A: No. There is a minimum number of complaints (100) required over the prior three calendar months in order to be eligible to join the Mechanism, but once an account qualifies for the Mechanism there is no required number of submissions to maintain Good-faith Takedown Mechanism status.

Q12: Are the threshold requirements (i.e., the successful takedown rate, successful counter-notification rate, and number of complaints in the previous three calendar months) calculated based on the number of different listings against which complaints are submitted?

A:No, if one listing is the subject of multiple complaints, each complaint would be included in the calculation. For example, where you file three separate complaints against a single listing, and the first two complaints are unsuccessful but the third complaint is, all three complaints will be included in calculating the successful takedown rate. The two unsuccessful complaints will be counted against the overall success rate while the third will be counted as a successful takedown. Also, the number of complaints filed in this case is 3.

Q13: In the case of any rejected complaints or successful counter-notification due to errors, can these cases be excluded or corrected for the purpose of calculating data for admission into or remaining in the Mechanism?

A: Yes. In cases where Alibaba changes or reverses the result of a submission or counter-notification, e.g., upon receiving further supporting evidence from rights holders, the system will recalculate the statistics based on the revised result.

Q14: What are the functions available in the User Center for Good-faith Takedown Mechanism accounts?

A: The specific functions of the User Center are as follows:

1）Website reminders & alerts: When Alibaba discovers that some of your complaints need guidance or there is a risk of not meeting the data accuracy criteria, we will send reminders or alerts and provide corresponding guidance. Meanwhile, account holders can click on "Website Reminders & Alerts" to enter the user service page and learn more about specific issues;

2）Customized support: It is Alibaba’s goal to provide IPP account holders with personalized support and guidance to help provide a more efficient and effective experience. The available monthly conference calls provide an opportunity to learn more about an account holder’s questions or specific needs. In addition, account holders can click "Customized Support" to enter the user service page, and understand the specific proposal for their problems;

3）My appointment: There will be a record for your appointment for the conference call within the IPP ‘’User Service” module.

Q15: What data can we see on the dashboard after joining the Mechanism?

A: There are several differences compared with the regular accounts:

1）There are eight metrics available for accounts in the Good-faith Takedown Mechanism: The reported number of complaint(s) filed, the number of accepted complaint(s), the successful takedown rate, the number of counter-notifications, the number of successful counter-notifications, the successful counter-notice rate, the complaints withdrawn by complainant, and the volume of automated withdrawals (e.g., due to lack of response within the required period). In addition, the dashboard of the Good-faith Takedown Mechanism will offer the ability to review the statistics for various time periods. Participants will have the option to review the statistics of the last three months, the last two months and the last one month;

2）The complaint data trend chart includes four data indicators: Complaint volume, accepted complaint volume, complaint success rate, and sellers’ complaint success rates. At the same time, the complaint data trend chart provides you with different time screening dimensions. You can choose to view the complaint data of the last 3 months, the last 6 months and the last 1 year;

3）Complaint reason distribution: Select the number of complaints initiated under certain complaint reasons, and you will be provided with different time filtering dimensions. You can choose to view the complaint data of the last 3 months, the last 6 months and the last 1 year.

Q16: How can I contact Alibaba if I have a problem of protecting my IP rights?

A: Alibaba cares greatly about IP protection and enforcement of right holders. Good-faith Mechanism accounts can schedule a monthly call with the Alibaba team via the IP Protection Platform. And if our system detects a problem, we will attempt to get in touch with the account holder ourselves, to assist in IP protection and enforcement. To ensure that we can get in touch with right holders in an accurate and timely manner, we strongly encourage right holders to log into the IP Protection Platform (https://ipp.alibabagroup.com/) and click through ‘Contact’-‘contact information disclosed to Alibaba’ to review and confirm that the contact information is correct and updated.

Q17: I understand that users of the Mechanism can initiate monthly conference calls. How many appointments can make for a month? How to know the specific meeting time?

A: Users of the Mechanism will have the opportunity to schedule a conference call with Alibaba once a month to conduct in-depth communication on intellectual property issues. After you submit the appointment request, we will confirm the specific meeting time with you by phone within two working days.

Q18: I am now in the Mechanism but I want to withdraw, what is the procedure?

A: While uncommon, account holders who wish for any reason wants to withdraw from the Mechanism may access to the user center, and mouse over the icon, and click “Click here to withdraw the Good-faith Mechanism” within the floating window to withdraw the Mechanism. Once an account is voluntarily withdrawn from the Mechanism it will be ineligible to rejoin the Mechanism for the standard three-month period. At the end of the period, if the data meets the standard, the account will still automatically join the Mechanism.