Dear Rights Holders,
The Good-faith Takedown Mechanism (the “Mechanism”) is a mechanism that is built based on mutual trust between Alibaba and intellectual property rights (IPR) complainants (including IPR owners, their agents or representatives, etc.) and aims to assist IPR complainants in protecting and enforcing their intellectual property rights on Alibaba Intellectual Property Protection Platform (“IPP Platform”). It is designed to enable faithful, prudent and diligent IPR complainants to enjoy more convenient and efficient enforcement experience on Alibaba IPP Platform. Currently, the Mechanism currently applies to complaints against product listings on the Tao Marketplaces (i.e. Taobao, Tmall and Tmall Global).
To standardize and improve the understanding and efficiency of the Mechanism, Alibaba introduces the “Rules of Good-faith Takedown Mechanism of Alibaba.”
Chapter I Definition
Accounts registered on Alibaba’s IPP Platform (an “Account) that have historical takedown statistics (including successful takedown rate, successful counter-notification rate and the total number of complaints submitted) during a defined period and which meet the threshold requirements will automatically be admitted to the Mechanism in order that the account holder may enjoy a more enhanced enforcement experience. Conversely, if the relevant statistics for a Mechanism account fails to meet the requirements during a relevant period, such an account will be automatically removed from the Mechanism.
Chapter II Admission Threshold of the Mechanism
Article 1 An Account will be admitted to the Mechanism once the statistics for the Account meet all the following thresholds:
1. Successful takedown rate >= 90%;
2. Successful counter-notification rate <= 5%;
3. Number of complaints filed in the previous three calendar months >= 100.
Article 2 Alibaba shall check the statistics of Accounts that are not in the Mechanism on a regular basis (as defined by Chapter II, Article 4). Any Accounts meeting the threshold requirements will automatically be admitted to the Mechanism (provided the Account is not ineligible due to prior removal from the Mechanism – see Chapter II, Article 3).
Article 3 Accounts that are automatically removed from the Mechanism according to removal standard in Chapter III, Article 5 will be eligible for re-admission following a three-month period. Upon the expiration of the period, the statistics of the Account will be subject to review for the purpose of re-admission to the Mechanism.
Article 4 Alibaba will review the prior three calendar months of statistics of regular Accounts on the 8th of each month to determine whether the Accounts meet the threshold requirements for admission into the Mechanism. Accounts that meet the threshold requirements will automatically be admitted to the Mechanism on the 15th of that month.
Chapter III Removal Standards of the Mechanism
Article 5 If an Account meets one of the following standards, the Account will be automatically removed from the Mechanism:
1. Successful takedown rate < 90% and the number of complaints filed in the past three calendar months > 30.
2. Successful counter-notification rate > 5% and the number of complaints filed in the past three calendar months > 30.
Article 6 Alibaba will review the statistics of the Accounts within the Mechanism on a regular basis (as defined in Chapter III, Article 7).
Article 7 Alibaba will review Account's statistics for the previous three calendar months on the 8th of each month to determine whether any Account meets the removal standards of the Mechanism. Once an Account meets the standards, the Account will be automatically removed from the Mechanism on the 15th of that month.
Chapter IV Benefits of Joining the Mechanism
Article 8 For Accounts admitted to the Mechanism, Alibaba will process their complaints on a priority basis to increase the efficiency of their enforcement on IPP Platform.
Article 9 Accounts admitted to the Mechanism will enjoy the benefits of simplified requirements for burden of proof.
Article 10 For Accounts admitted to the Mechanism Alibaba will provide, subject to applicable laws and regulations, the corresponding rights holders with enhanced statistics for their reference and to provide for more efficient and effective interactions with rights holders.
Chapter V Acts of Bad-faith
Article 11 The Mechanism is an in-depth cooperation program based on mutual trust between Alibaba and IPR complainants. Accuracy, authenticity and validity serve as the foundation of the Mechanism. All information and documents submitted by IPR complainants through their Accounts should be true, accurate, legitimate and valid. If it is found that any act of bad-faith is committed by the owner of an Account, such as submission of any fake, false or illegal proofs, or fabrication of any false complaint reasons, the Account will be removed from the Mechanism and permanently prohibited from being readmitted to the Mechanism. Notably, if it is confirmed based on relevant evidence that the rights holder or its authorized agent has any misconduct, such as distribution channels control, price control or any other acts of similar nature by using the Program, Alibaba may, at its sole discretion, remove the member from the Program at any time. In the event that an account is removed from the Program due to the above reason, the pertinent accout (if any) under the name of the same rights holder will be removed from the Program as well.
Article 12 Any legal liabilities and losses incurred by sellers or Alibaba arising from the submission of any fake, false or illegal proofs, the fabrication of false complaint reasons or by other bad faith acts, shall be borne by the IPR complainant(s). In addition, Alibaba reserves the rights to any and all remedies in accordance with law and regulations.
Chapter VI Application scope of the Mechanism
Article 13 The Mechanism currently applies to complaints against listings on the Tao Marketplaces (i.e. Taobao, Tmall and Tmall Global).
Chapter VII Interpretation and Revision
Article 14 The Rules apply to all Accounts registered on the IPP Platform of Alibaba. Alibaba is entitled to, from time to time, amend the Rules and announce the same. Any and all matters not specifically covered herein shall be governed by the relevant provisions of “Alibaba Intellectual Property Protection Platform User Agreement”.
The Rules shall come into effectiveness on August 1th, 2018.
For more information, please refer to: