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Alibaba.com IPR Protection Policy & Enforcement April 20, 2012
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AGENDA
General Information
Developments for IPR Protection
General IPR Infringement Handling Takedown Measures Enforcements
Recent Examples of Cooperation
Challenges That We Face
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GENERAL INFORMATION
What is Alibaba.com?
Founded in 1999 in Hangzhou, China
Make it easy for millions of buyers and suppliers around the world to do business online through two marketplaces:
a global trade platform (www.alibaba.com) for importers and exporters
a Chinese platform (www.1688.com) for domestic trade in China
In addition, Alibaba.com offers a wholesale platform on the global site (www.aliexpress.com) geared for smaller buyers seeking fast shipment of small quantities of goods.
Together, these marketplaces form a community of more than 72 million registered users in more than 240 countries and regions.
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GENERAL INFORMATION
Mission
To make it easy to do business
Anywhere
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Can reach buyers globally
through the online community
Can tailor the marketing of their products to specific buyers
Can receive Alibaba.com’s customer services and trainings
Can market their products 7 days a week, 24 hours a day
Can budget their costs accurately due to fixed Alibaba.com membership fee
Can reach sellers
globally through the online community
Can choose suppliers flexibly
Can obtain quality information from quality sellers
Can have authenticated and verified information of sellers
User-friendly web-interface for members
Can receive up-to-date media information conveniently
The platform is available 7 days a week, 24 hours a day
Suppliers Buyers
GENERAL INFORMATION
Business Model
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SME Champion
GENERAL INFORMATION
By utilizing the efficiencies of e-commerce, we empower small and medium enterprises to thrive and survive and foster them to become the engine for economic growth:
Bolster the long-term competitiveness of small businesses
Promote trade amid continued economic weakness
Foster entrepreneurship
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Accepting claims since 2002
Adopted an online system in 2008
Implemented a mechanism against repeat infringers in 2009
Online System upgraded and named as AliProtect in 2010
Further enhanced AliProtect in 2011
IPR PROTECTION DEVELOPMENT
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IPR PROTECTION DEVELOPMENT
An Overview of IPR Claims
All of the marketplaces:
Handled more than 32,000 qualified complaints
Removed more than 687,000 product listings
Enforced against more than 19,500 members
From January 1, 2011 to September 30, 2011
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IPR PROTECTION DEVELOPMENT
Distribution of IPR Complaints by Type
38.80%
5.90% 1.90% 11.70%
41.70%
Trademark
Copyright
Invention Patent
Utility Patent
Design Patent / Industrial Design
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Takedown Measures
Enforcements
GENERAL IPR INFRINGEMENT HANDLING
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TAKEDOWN MEASURES
Takedown policy AliProtect
Launched in March 2010
Applicable to Alibaba.com, AliExpress.com and 1688.com
Take down product listings under valid complaints
Max. 200 listings are accepted per submission
Search tool provided
Support direct communications with 3rd party’s systems
Ongoing enhancements
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Complaint Handling Online Channel
TAKEDOWN MEASURES
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TAKEDOWN MEASURES
AliProtect Start Page
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Account Registration and Information Submission
Complaint Handling Process
TAKEDOWN MEASURES
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Verification of Complainant Identity & IPR Ownership
Fail Pass
Rectification
Complaint Handling
TAKEDOWN MEASURES
Complaint Handling Process
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Claim Submission
Complaint Handling
TAKEDOWN MEASURES
Complaint Handling Process
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Claim Submission
Complaint Handling
TAKEDOWN MEASURES
Complaint Handling Process
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Claim Submission
TAKEDOWN MEASURES
Complaint Handling Process
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TAKEDOWN MEASURES
Alibaba.com notifies the members being complained of
Members have three days to file a response to the claim
Complaint Handling Process
Free Member
Listings are removed and case closed
Paid Member
Listings are removed and case closed
No response Response filed
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TAKEDOWN MEASURES
Complainant reviews the response filed by the member being complained of
Response Accepted
Case closed
Response Rejected
Alibaba.com steps in
Complaint Handling Process
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TAKEDOWN MEASURES
Takedown policy
Offline claims i.e. emails and faxes
Acceptable if a complaining party encounters technical difficulties in submitting claims over AliProtect
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TAKEDOWN MEASURES
Listen to complaining parties
Review profiles of suspicious suppliers identified by complaining parties, and take appropriate actions if necessary
Address specific concerns as much as possible, subject to boundaries within our policy and legal obligation as a platform operator
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Moved a substantial number of claims from offline to online
Online channel increases transparency and efficiency of the entire process
Online channel makes it easier for all parties (complaining parties, members being complained of and Alibaba.com) to handle a claim
TAKEDOWN MEASURES
On Takedown Process Improvements
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ENFORCEMENTS
An escalating system based on, among other factors: No. of problematic listings identified
No. of complaints received
An escalating scale of punishments are imposed, including:
Warning letter
Restrict on posting right
Delist all items online
Membership termination
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ENFORCEMENTS
Enforcement actions are taken weekly
Special treatments available for conspicuous, malicious cases
Take immediate action rather than wait for the weekly execution
May terminate suppliers direct without going through the escalating system of enforcement actions
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RECENT EXAMPLES OF COOPERATION
1. Motion Picture Association of America Took down ~100,000 listings involving DVDs, VCDs, Blu-Ray Discs and etc.
Banned the listing of film and television audio and visual discs since June 2011
Efforts commended in the Special 301 Report
2. Entertainment Software Association Took down ~100,000 listings involving circumvention devices
ESA appreciated the result and Alibaba.com’s efforts
3. International Federation of the Phonographic Industry
Knowledge sharing
Cooperation with Industry Associations and Agencies
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1. Complaining parties’ reluctance to use our online channel
2. Claims without identifying URLs Difficult for Alibaba.com to search infringing listings
Asking Alibaba.com to do policing
3. Assessment problems Utility models
Design patents
4. Authenticity of evidence Sometimes difficult to verify (e.g. authorization letters allegedly issued by distributors/licensees)
CHALLENGES THAT WE FACE
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1. Alibaba.com’s IPR Protection Policy & System: http://www.alibaba.com/help/safety_security/policies_rules/IPR/002.html http://legal.alibaba.com/complaintRule_en_US.html (on how AliProtect works)
2. To report an IPR infringement through AliProtect: http://legal.alibaba.com/complaint/login/login.htm?loginType=international http://legal.alibaba.com/index_en_US.html
3. For enquiries: [email protected] (general) [email protected] (AliProtect operational issues)
USEFUL LINKS AND CONTACTS
