Các quy định về việc vi phạm Quyền Sở Hữu Trí Tuệ (IPR) trên Alibaba.com

Typeof listing removal

Calculation of penalty points

Image copyright complaint

6 penalty points incurred per infringement

Note：

All complaints received within 5 days after the first complaint shall be counted as one infringement. No penalty point shall be incurred.

Subsequent complaints received from the sixth day shall incur 6 penalty points per infringement. Multiple complaints submitted within a day shall be counted as one infringement.

The clock shall start counting as the case of complaint closes.

Complaint by IPR owner

6 penalty points incurred per infringement

Note:

All complaints based on the same intellectual property right received from a complainant within 5 days after the first complaint shall be counted as one infringement.  No penalty point shall be incurred.

Subsequent complaints received from the sixth day shall incur 6 penalty points per infringement.  Multiple complaints based on the same intellectual property right submitted within a day shall be counted as one infringement. 

The relevant time of a complaint shall be the time when the complaint is processed.

Listings removed by platform on random check

Each listing removed shall incur 0.2 penalty point (amaximum of 6 points per day), whereas each listing shall incur 2 penalty points (amaximum of 12 points per day)where any of the followings is involved:

1)     Listing suspected infringing product by using variation of a trademark;

2)     Listing suspected infringing product under anincorrect product category.

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.   

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.