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Notice of Amendments of Enforcement Action against Non-compliance on Alibaba.com

December 29,2015

 

In order to maintain the public commercial order over the platform, to continuously enhance buyers’ and suppliers’ experience, to establish a transparent and fair commerce platform, enforcement action against non-compliance on Alibaba.com shall be amended as follows:

 

Standards of points-based enforcement action against non-compliance on Alibaba.com are set forth in the table below:

Penalty points cumulatively incurred

Enforcement actions

Remarks

6 points

Issuance of severe warning

Email notification

12 points

blocking of search results and mini-site for 7 days

Email notification and automatic enforcement of penalty by system

24 points

blocking of search results and mini-site for 14 days

36 points

blocking of search results and mini-site for 21 days

48 points

Termination of membership

Not applicable

Note:

a)    In case of extremely serious non-compliance, Alibaba.com has the right to immediately terminate the agreement unilaterally and close the account without refunding service fees for the remaining period, and also has the right to announce the same on Alibaba.com and/or other media, impose associated penalties and/or permanent refusal of cooperation and other enforcement actions. 

b)   Where the cumulative penalty points of a user reach 24 points or above, Alibaba.com has the right to refuse or restrict such user’s participation in various promotions and marketing activities on Alibaba.com or to use the products/services. 

c)     Points are cumulatively calculated on a yearly basis, which means that all penalty points are on record for a 365-day period, except where enforcement action of closing the account has been imposed.

 

 


And Standards of Serious infringement of Intellectual Property Right are as below:

Cumulative number of infringement complaints

Penalty

First infringement complained by a rights holder based on an intellectual property.  All complaints shall be counted as the first infringement within the first five days regardless of the number of complaints.

Warning

Second infringement complained by an identical rights holder based on an identical intellectual property.

blocking of search results and mini-site for 7 days.

Third infringement complained by an identical rights holder based on an identical intellectual property.

a)    blocking of search results and mini-site for 14 days, or

b)    Account termination (applicable where the member has been complained by an identical rights holder based on an identical intellectual property)

Fourth infringement complained by an identical rights holder based on an identical intellectual property.

Account termination

Notes:

1.    The term “complaint” here refers to “successful complaint”, including situations where no counter notice is raised by the member within the specified time limit or where any counter notice raised is not successful.

2.    Every time a member has received a complaint shall be required to pass the Intellectual Property Rights Tutorial.

3.    Multiple complaints based on a single intellectual property within a day shall be counted as one serious infringement.  The relevant time shall be the time when a complaint is processed.

4.    The number of serious infringements shall be recorded on a rolling basis for a 365-day period.

5.    Alibaba.com reserves the right to terminate service agreement unilaterally and to terminate membership account should a member is found committed in extremely serious infringement.

The new policy shall be effective since February 1, 2016, and the current policy shall remain effective before then. 

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