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Enforcement Actions for Intellectual Property Rights Infringements Claims on Alibaba.com

Updated on November 1, 2017 Effective Date: November 1, 2017

A. Intellectual Property Rights Infringements

Users on www.alibaba.com (hereinafter referred to as “Alibaba.com”) should not conduct any intellectual property rights infringements on Alibaba.com. Types of infringements include:

General infringements, which include:

(1) Unfair use of trademark rights, copyrights or other rights in product descriptions, store names or hyperlinks;

(2) Unfair use of trademark rights, copyrights or other rights for offering for sale or sale of products; or

(3) Publishing product descriptions or other information that may cause confusion, misrepresentation, or other circumstances. And

Serious infringements, which include:

(1) Without the authorization of the copyright owner, reproduce his/ her work for offering for sale or sale, including printed materials, audio and visual recordings or software etc.; or

(2) Without the authorization of the registered trademark owner in the country of origin or the licensee of the owner, offer for sale or sell his/her products.

B. Penalties of Intellectual Property Rights Infringements

1. General infringements:

Reasons for Removal	Calculation of Penalty Points
Complaint by IPR Owner	6 penalty points incurred per complaint Note:The first complaint will not incur any penalty points, all complaints based on the same intellectual property right received within 5 days upon the first complaint shall be counted as one complaint. Any subsequent complaints received from the sixth day upon the first complaint shall incur 6 penalty points per complaint, and multiple complaints based on the same intellectual property right received within a day shall be counted as one complaint. The relevant time is calculated from the time when the complaint is received.
Listings Removed by Alibaba.com on random check	Each listing removal shall incur 2 penalty points to a maximum of 6 points per day. When the general infringement is a serious one, each listing removal may incur 4 penalty points to a maximum of 12 points per day.
The term “complaint” herein refers to a complaint that is successful, including circumstances where a complaint is filed but no counter-notice is submitted by the user within the specified time limit, or where the counter-notice submitted by the user is rejected.

Refer to Rules for Enforcement Actions against Non-compliance on Alibaba.com for the standards of corresponding points-based enforcement action (unless otherwise specified, the penalty points are cumulative on Alibaba.com).

2．Serious infringements:

Number of Strikes	Enforcement
First Strike	Restriction for 7 days+Examination (Restriction for 30 days if the examination is not passed within 7 days)
Second Strike	Restriction for 14 days+Examination (Restriction for 60 days if the examination is not passed within 14 days)
Third Strike	Account termination
Notes: “3 Strikes” is adopted as a principle of penalizing serious intellectual property rights infringements on Alibaba.com. Every complaint about serious infringements is counted as one strike; multiple complaints of serious infringements against the same user within three days shall be counted as one strike. The relevant time is calculated from the time when the first complaint is received. The account will be terminated once three strikes are accumulated on the same user. The term “complaint” herein refers to a complaint that is successful, including circumstances where a complaint is filed but no counter-notice is submitted by the user within the specified time limit, or where the counter-notice submitted by the user is rejected. Except for the terminated accounts caused by 3 strikes, the user receiving a strike is required to pass the intellectual property rights tutorial and examination every time. The user who passes the examination can recover its account to normal status upon the end of the restriction term. For more details, please refer to Alibaba.com Examination Rules. The strike caused by serious infringement is recorded for 365 days. The number of strikes is cumulative in a 365-day rolling basis. Under certain extreme / conspicuous situations, Alibaba.com reserves the right to terminate membership agreement or service agreement, membership account and any and all accounts determined to be related to such an account by Alibaba.com unilaterally in its discretion and/or to implement other measures that Alibaba.com considers appropriate. “Extreme / conspicuous situations” include but not limited to: · Where infringing acts committed by user are considered as very serious · Where litigation has already been initiated or legal demands have been requested by intellectual property rights holder against/to Alibaba.com · User being sued by intellectual property rights holder, or being investigated by judiciary, enforcement or administrative authorities with respect to suspected infringements · Requests from judiciary, enforcement or administrative authorities to terminate any account or take any relevant measures.

C. Miscellaneous

1. Alibaba.com reserves the right of final interpretation and decision regarding the above and all relevant terms.

2. Alibaba.com reserves the right to amend these rules due to amendments to laws and regulations, changes in business environment or other reasons and will announce the same. The amended version of these rules will come into force as of the date specified in the announcement.

3. These rules are an integral part of the rules on Alibaba.com. In case of any inconsistency between these rules and the other rules on Alibaba.com, the rules in this document shall prevail. For any matters not covered herein, the other rules on Alibaba.com shall apply.

4. In the event of inconsistency, ambiguity or conflict between the Chinese and the non-Chinese version of these rules, the Chinese version shall prevail.