FAQ of Good-faith Takedown Mechanism of Alibaba

DATE: 2020-10-27

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

A: The upgraded Good-faith Takedown Mechanism offers a more simplified way to qualify, added benefits to its participants, and employs more reasonable assessment standards.

Q: 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.

Q: To whom would the removal standards apply after the upgraded Mechanism takes effect?

A: The removal standards will apply to all the accounts in the upgraded Mechanism. When an account’s successful takedown rate is below 90% or the successful counter-notification rate for the account is above 5% in the past three months, the account will be automatically removed from the Mechanism.

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

A: Account holders who wish for any reason wants to withdraw from the Mechanism may click here(https://qinquan.taobao.com/complaint/complaintDetail.htm?spm=a2o2l.10374759.0.0.134a747btlOcaV). Once an account is voluntarily withdrawn from the Mechanism it will be ineligible to rejoin the Mechanism for a three month period (even if the account statistics meet the admission thresholds for the Mechanism).

Q: 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 which are automatically removed from the Mechanism due to a failure to meet the threshold requirements will be ineligible to rejoin the Mechanism for a 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.

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

A: Yes. Alibaba treats all brands equally. Rights holders are responsible for submitting legitimate IP infringement complaints, and their accounts which meet the admission thresholds (including successful takedown rate >=90%, successful counter-notification rate <=5%, and the number of takedown requests in the previous three calendar months >=100) will be automatically admitted to the upgraded Mechanism.

Q: How can I join the Mechanism once my account meets the admission threshold?

A: Once your account meets the admission thresholds, your account will be automatically upgraded. No further action is required by an account holder.

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

A: Malicious acts include, but not limited to,

• Submit or use false or illegal information, concealing facts or materials, or making false representations in a verification report,

• Copy other party’s copyrighted image and pretend it to be his own by displaying it on his official website and using it to complain about sellers’ copyright infringement,

• Modify evidence such as screenshots of “Ali Wangwang”(Online chatting software) chat history,

• Knowingly describe the type and model of the product that the rights holder has actually manufactured as never manufactured,

• File a complaint despite knowing that the rights are unstable or defective, such as the existence of prior copyrighted work in a copyright case or a prior art in a patent case, and

• In the absence of sufficient evidence, describe authentic appeal materials submitted by sellers, such as purchase invoices and authorization documents, as forgeries.

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

A: The statistics are calculated by the system based on the number of complaints of the right holders and the number of counter-notifications of sellers without manual intervention. The successful takedown rate mainly refers to the ratio of removed listings to submissions. The successful counter-notification rate mainly refers to the ratio of established counter-notifications of sellers and withdrawals from rights holders to removed listings.

Q: 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 of the prior three months.

Q: In calculating the statistical performance of accounts, will the data included in the prior three 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 would be based on complaints filed beginning January 1 through March 31 (China time).

Q: Does Alibaba’s review of accounts over the prior ‘three months’ refer to the prior three calendar months or the prior 90 days?

A:Calendar months. For example, a statistical calculation in April would be based on complaints filed beginning January 1 through March 31 (China time).

Q: Do the admission thresholds include a requirement as to the minimum number of complaints to be submitted?

A: Yes, the number of complaints submitted in the three calendar months prior to joining the Mechanism must equal or be greater than 100.

Q: For accounts already in the Mechanism, is the minimum number of complaints still required?

A: No, for accounts which are already in the Mechanism a minimum number of complaints each month or quarter is not required.

Q: If I have not filed any complaint in the three months before the review, will I be removed from the Mechanism?

A: No, you will not.

Q: 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 about 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 on 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.

Q: In the case of any rejected complaint or successful counter-notification due to errors, can these cases be excluded or corrected for the purpose of calculating threshold requirements for being admitted 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.

Q: What are the benefits of joining the Good-faith Takedown Mechanism?

A: You will enjoy the following benefits by joining the Good-faith Takedown Mechanism:

• Faster processing of takedown requests: for accounts being admitted to the Mechanism, Alibaba will prioritize their complaints to increase the efficiency of their enforcement on IPP Platform.

• Reduced burden of proof: accounts admitted to the Mechanism enjoy the benefits of simplified bases for filing complaints and a reduced burden of proof.

• Dashboard: for accounts admitted to the Mechanism, Alibaba will, subject to laws and regulations, provide rights holders with more notice and takedown statistics for their reference and to enhance interactions with rights holders more efficiently and effectively.

Q: For accounts admitted to the Mechanism, how will the burden of proof be reduced?

A: The reduction of burden of proof is as follows:

1. When submitting copyright, supporting documents showing that the work has been released in public are not required.

2. When choosing the complaint reason code of ‘Counterfeit features’, if you have described clearly enough why the product is fake by comparing with the genuine one(For example, genuine product is made of 100% cotton but in this listing ,the seller claims that this product is made of mixed materials and is not 100% cotton), then you are not required to upload supporting materials when submitting the initial complaint. Please note that further supporting materials may help us better evaluate seller’s counter-notification or may be later requested in the event of disputed complaint.

Q: What index can we see on the dashboard after joining the Mechanism?

A: While only two metrics are available for regular accounts(the successful takedown rate, the successful counter-notification rate), there are eight metrics available for accounts in the Good-faith Takedown Mechanism: the reported complaint(s) filed, the accepted complaint(s),the successful takedown rate, the successful counter-notification rate, the amount of counter-notification, the amount of successful counter-notification, the complaints withdrawn by complainant, the amount of automated withdrawal (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.

Q: In the Complaint Dashboard of Good-faith Mechanism members, some of the indexes are blue while some are yellow. Also there is an “abnormal data” mark on the upper left corner of the yellow index. What does it mean?

A:The successful takedown rate and the successful counter notification rate will affect the account’s Good-faith member status. If the accuracy of the account lately goes down, these two indexes or one of them will turn from blue to yellow. Meanwhile, an “abnormal data” mark will appear on the upper left corner of the yellow index. By placing the mouse on the “abnormal data” mark, a list of IPRs of which the enforcement quality decreased recently would been shown. You may find out more details on this page.

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

A:Alibaba pays close attention to IP protection and enforcement of right holders. Once a problem occurs, we will get in touch with right holders in order to communicate with rights holders and 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 in IP Protection Platform(https://ipp.alibabagroup.com/)-‘Contact’-‘contact information disclosed to Alibaba’ to review and confirm that the contact information is correct and update to date.

Q: 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: The actions include, but not limited to:

• Not to protect the legitimate rights of the rights holder, but to take advantage of the Good-faith Takedown Mechanism to coerce the sellers or disrupt the normal and legal operations of the sellers,

• 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).