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Notice of revised rules of Enforcement Actions for Intellectual Property Right Infringement Claims

Dear Alibaba.com members,

To align with external situation in changing steps, improve the sustainable and healthy market order on the Alibaba.com platform, the revised rules of Enforcement Actions for Intellectual Property Right Infringement Claims on Alibaba.com shall take effect on November 1st, 2017. In addition, the punishments of infringing acts that occurred prior to the amendment on a rolling basis for a 365-day period will be accumulated as usual. Please pay attention to the changes.

 

 Enclose some parts of revised rules here.

Original Rules

Revised Rules

B. Penalty of Intellectual Property Rights Infringement

1. General infringement:

Listings removed by platform on random check: Each listing removed shall incur 0.2 penalty point (maximum of 6 points per day), whereas each listing shall incur 2 penalty points (maximum of 12 points per day) for any serious situation.

 

2Serious infringement:

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 and Examination.

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.

 

B. Penalty of Intellectual Property Rights Infringement

1. General infringement:

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.

 

2Serious infringements:

Number of Strikes

Enforcement

First Strike

Restriction for 7 days

Second Strike

Restriction for 14 days

Third Strike

Account termination

Notes:

  1.  “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.
  2. 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.
  3. 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.
  4. The strike caused by serious infringement is recorded for 365 days. The number of strikes is cumulative in a 365-day rolling basis. 
  5. 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, should a user be found committed in very serious infringement or investigated by judiciary/enforcement authorities with respect to suspected infringements.

 

 

Alibaba.com

October 16, 2017

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