The Good-faith Takedown Mechanism (the “Mechanism”) is a mechanism that is designed to help promote the enforcement and protection of IPR and which is based upon mutual trust between Alibaba and IP rights holders. We are pleased that since the launch of the Mechanism, a large number of domestic and international right holders have joined the Mechanism. In order to make this enhanced enforcement experience available to more right holders, the Good-faith Takedown Mechanism will be upgraded. We hope that these upgrades will not only help rights holders better protect their IPR, but also help them truly feel Alibaba’s open, inclusive and cooperative attitude and contribute to a win-win in our mutual interests in the protection of IPR.
I. Process Introduction
II. Admission Threshold and User Guide of the Mechanism
Admission Threshold of the Mechanism:
1. Review the statistics of Accounts for the previous three calendar months on the 8th of each month to determine whether the Accounts meet the threshold requirements for admission into the Mechanism.
2. An Account will be admitted to the Mechanism once the statistics of the Account meet all of the following threshold requirements:
• Successful takedown rate >= 90%;
• Successful counter-notification rate <= 5%; and
• The number of complaints during the previous three calendar months >= 100
Guide to admit:
1. Accounts meeting the threshold requirements will be automatically admitted to the Mechanism on the 15th of that month. Once an Account is admitted into the Mechanism, upon accessing the ”Complaint Submission“ page of their Account and selecting relevant complaint website, Mechanism members will find a green logo (“”) on the upper left corner which indicates that the upgrade is completed.
2. In addition, the registered email of the qualifying Account will receive a notification of the upgrade to the Mechanism.
3. If for any reasons you do not wish to being a member of the Mechanism, you may opt out of the Mechanism by moving the cursor over the green logo(“”) , clicking “Status of Complaining Party” and choosing ”Please click here to withdraw from the Mechanism “which is found at the bottom of the page.
1. Good-faith Takedown Mechanism members will enjoy the following benefits:
• Faster processing of takedown requests
• Simplified requirements for burden of proof
2. For more information about benefits enjoyed by Good-faith Takedown Mechanism members, you may visit the “Complaint Submission” page by moving the cursor over the green logo(“”) on the upper left corner and clicking “Status of Complaining Party”.
IV. Removal Standards of the Mechanism and User Guide
Removal Standards of the Mechanism
1.On the 8th of each month an automated review of the notice and takedown statistics for the previous three calendar months will be conducted of Accounts in the Mechanism to determine whether any Accounts fail to meet the necessary standards for the Mechanism and will be removed.
2.Accounts meeting either of the following standards will be automatically removed from the Mechanism:
• Successful takedown rate < 90% and the number of complaints filed in the past three calendar months > 30;
• Successful counter-notification rate > 5% and the number of complaints filed in the past three calendar months > 30
Guide to Exit:
1. Accounts meeting the criteria for removal will be automatically removed from the Mechanism on the 15th of that month. For exit reminder, you may visit the ”Complaint Submission “page by moving the cursor over the grey logo(“ “” ”) on the upper left corner and clicking “Status of Complaining Party”
2. An email notifying the account holder of the removal from the Mechanism will be sent to the registered email address for the Account.
3. Accounts which are automatically removed from the Mechanism according to removal standard will be ineligible to rejoin the Mechanism for a period of three months. Upon the expiration of the three-month period, the statistics of the Account will be subject to assessment for the purpose of re-admission to the Mechanism.
4. Any bad-faith acts committed by an Account owner, such as the submission of any falsified documents, illegal proofs, or the fabrication of false complaint reasons, will result in the permanent removal of the Account from the Mechanism.