Guideline for Rights Holders on Reason Codes of AliExpress.com & Alibaba.com

Trademark

Ⅰ、Counterfeit

1、Definition
Product or packaging (as well as other trademark uses) contains words or logos that are identical or similar to a trademark without the authorization of the trademark owner.

2、Example
The product uses the registered trademark on itself without the authorization of the right holder.
The brand logo is found on a t-shirt being sold.





3、Key points of infringement judgment
（1） The trademark classification should be consistent
In this case, the trademark “Alibaba” under class 25 has been successfully recorded and verified by the rights holder on the IPP platform. The complained product was clothing, which matched with the classification of the trademark.
（2）There is trademark infringement on the product/packaging itself
The product sold by the seller are not produced by the rights holder, and the product are actually "Brand B". However the trademark "Alibaba" is used on the product without authorization.

Ⅱ、Trademark content infringement (Unfair/Unauthorized use of other’s trademark)

1、Definition
The product sold by the seller are neither purchased from the rights holder, nor the use of the trademark in the title or product description with the authorization of the rights holder.

2、Example
Product title, description or image(s) contains words or logos that are identical or similar to a trademark without the authorization of the trademark owner.




3、Key points of infringement judgment
（1）The trademark classification should be consistent
In this case, the trademark “Alibaba” under class 25 has been successfully recorded and verified by the rights holder on the IPP platform. The complained product was clothing, which matched with the classification of the trademark.
（2）There is trademark infringement on the title/product description.
The product sold by the seller are not produced by the rights holder, and the product are actually "Brand B". However, the trademark "Alibaba" is used on the title/product description without authorization.

Copyright

I、The product or its packaging is pirated

1、Definition
The product or packaging sold by the seller are copied or used completely without the authorization of the copyright owner.

2、Example
Software, film, musical work or book product is an unauthorized reproduction of content belonging to a brand or rights owner. Such as there are differences indicating the reported book is a pirated one.



II、The physical product or its packaging is not pirated, but it contains unauthorized copyrighted content or images

1、Definition
The seller sells product or packaging that contain the contents or pictures of the rights holder's copyright works without authorization.

2、Example
A printed t-shirt which features a graphical image, and the reproduction of that image is made without authorization from the copyright owner.


III、Unauthorized copyrighted content is used on the Product Detail Page

1、Definition
The seller unauthorized used the picture/videos from the copyrights holder’s original image/brand official website / brand flagship store in the product display.

2、Example
Without the authorization of the rights holder, the listing displays the picture directly , or display it by smearing, modifying, blocking and intercepting the original picture.


3、Key points of infringement judgment
（1）The picture / video used by the seller is consistent with the content recorded by the right owner on the IPP;
（2）For complaints about the image theft, please provide the URL link of the corresponding image on the brand official website, and screenshots showing where the picture is located while the official website URL link needs to be included on the screenshots .

IV、The text is used without authorization on the Product Detail Page

1、Definition
The seller uses the right holder’s written works in the product or description on the page without authorization.

2、Example
Without authorization, the seller prints the works created by the copyright holder on the products for sale.

Patent

Ⅰ、Design Patent (Registered Design) Infringement

1、Definition
Product reproduces a registered design without the authorization of the design patent (registered design) owner.

2、Complaint submission instructions
When the complaint link is a product, you need to select the reason code according to the scenario:

Scenario 1: if you have a judicial judgment or administrative ruling that determines the seller's patent infringement, please select "Unfair/unauthorized use of other’s patent – Judicial or administrative decision", fill in the "judgment or decision case number”, and provide the valid judicial verdict or administrative ruling that matches the intellectual property right you have claimed in the attached supporting evidence.



Scenario 2: Non-right owner’s product, but suspected of infringing your design patent/registered design, please select " Unfair/unauthorized use of other’s patent – unfair use of patent". Please download the "Design patent infringement analysis report" in the " Template/example for proof of infringement" on the complaint page, fill in the information and upload it as Document proof of infringement. In Table 2 of the design feature comparison table in the design patent infringement analysis report, please fill in the view(s) of this patent in the first column (at least 1-2 views that can best show the design points of this design are required), provide the seller's infringing product pictures corresponding to the complaint link in the second column, and explain the specific infringement reasons in the third column.



Ⅱ、Utility Model Patent Infringement

1、Definition
Non-right owner’s product that appears to infringe the right owner’s utility model patent.

2、Complaint submission instructions
When the complaint link is a product, you need to select the reason code according to the scenario:

Scenario 1: if you have a judicial judgment or administrative ruling that determines the seller's patent infringement, please select "Unfair/unauthorized use of other’s patent – Judicial or administrative decision", fill in the "judgment or decision case number”, and provide the valid judicial verdict or administrative ruling that matches the intellectual property right you have claimed in the attached supporting evidence.



Scenario 2: Non-right owner’s product, but suspected of infringing your utility model, please select " Unfair/unauthorized use of other’s patent – Unfair use of patent". Please download latest version of the patent infringement analysis report template, in which the "Table 2: comparison of technical features" is filled in according to the product accused of infringement. In the first column, please fill in the claims on the “claims”, and in the second column, provide the seller's pictures and point out the corresponding position of the technical features on the claims.



Ⅲ、Invention Patent Infringement

1、Definition
Non-right owner’s product that appears to infringe on the claims of a patented invention.

2、Complaint submission instructions
Suggested supporting evidentiary materials include:

（1）Judicial judgment or administrative ruling document;
or

(2) "Utility model or invention patent infringement analysis report": Please download the latest version of this analysis report template in the “Template/example for proof of infringement” and correctly fill in the comparison table of technical features in Table 2 of the patent infringement analysis report. In the first column, please fill in the claims on the claims, and in the second column, provide the seller's pictures, and indicate the corresponding position of the technical features on the claims on the pictures.