Enforcement actions for Intellectual Property Right infringement claim
Update of Enforcement Actions for Intellectual Property Rights (IPR)
Infringement Claims on AliExpress
(Updated on Jan.11, 2018)
One of AliExpress’ missions is to create a quality e-commerce environment, enhancing customer experience and protecting intellectual property rights. Infringing merchandise not only adversely affects the market for authentic goods, resulting in customer disputes and post-sales issues, but also interferes with consumer choice and harms the public perception of our platform. Any infringement of intellectual property is not allowed on AliExpress.
1、The Intellectual Property Rights (IPR) Protection Policy
| Types of IPR Infringements | Types of Infringements | Penalty |
| Trademark rights Infringement | Serious violation: Unauthorized use of a mark that is identical or similar to the trademark in relation to products that are identical to the products that the registration covers. | 1) Membership termination upon three violations. |
| General violation: Other circumstances of trademark rights infringement. | 1) No penalty point incurred for the first violation;2) 6 penalty points incurred for each repeat violation;3) 48 penalty points cumulatively incurred results in membership termination. | |
| Copyrights Infringement | Serious violation: Without the authorization of the copyright owner, reproduce his/ her work for offering for sale or sale, including printed materials, e-books, audio and visual recordings or software etc.” | 1) Membership termination upon three violations. |
| General violation: Other circumstances of copyright infringement. | 1) No penalty point incurred for the first violation;2) 6 penalty points incurred for each repeat violation;3) 48 penalty points cumulatively incurred results in membership termination. | |
| Patent rightsInfringement | Design, utility model, and invention patent rights infringements(General or serious violation would be determined on a case-by-case basis). | 1) No penalty point incurred for the first violation;2) 6 penalty points incurred for each repeat violation;3) 48 penalty points cumulatively incurred results in membership termination.(Membership termination upon three violations in case of serious violation.) |
Note：
1. Applicable enforcement actions shall be imposed in accordance with the product listing status as at the time when the complaint filed by rights holder is received or when random check is being conducted.
2. All of general violations including rights holders’ successful complaints ( which include 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) and random checks by AliExpress within a day shall incur no more than 6 penalty points.
3. All of serious violations including rights holders’ successful complaints ( which include 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) and random checks by AliExpress within three days shall be counted as one serious violation only. Membership will be terminated upon a total of three serious violations regardless of the type of IPR infringement involved.
4. Penalties include but not limited to rejection/removal of product listings.
5. All violations shall be recorded for 365 days from the date of penalty imposed.
6. Under certain extreme / conspicuous situations, AliExpress reserves the right to terminate AliExpress seller service agreement (https://sell.aliexpress.com/zh/__pc/7rgg17qbAa.htm) and Free Membership Agreement (https://rule.alibaba.com/rule/detail/2042.htm?spm=a271m.8038972.1999288231.3.eE6vyM). user account and any and all accounts determined to be related to such user by AliExpress at its sole discretion, and / or to implement other measures that AliExpress considers appropriate at its discretion for the purpose of protecting the legitimate rights and interests of consumers and rights holders and maintaining the normal operation order on AliExpress. In such circumstances, in addition to directly terminating the user account, AliExpress is also entitled to freeze the funds in the International Alipay account and AliExpress account associated with the user so as to ensure that the legitimate rights and interests of consumers or right holders can be protected when they exercise any right or remedy such as filing complaints, reporting, initiating civil actions, etc.
7. AliExpress reserves the rights of final interpretation and decision and all relevant rights thereof.
8. In the event of inconsistency, ambiguity or conflict between the Chinese and the non-Chinese version of these rules, the Chinise version shall prevail (https://sell.aliexpress.com/__pc/ipr_rules.htm?spm=5261.8113035.110.5.29db3b36C2GS9R).
2、Interpretation
“Extreme / conspicuous situations” mentioned in the above rules includes 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 AliExpress；
-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；
-Other circumstances that constitute serious violation(such as listing suspected infringing product under an incorrect product category, use of trademark variant, block of trademark from display or trademark free-riding etc.).
AliExpress reserves the rights of final interpretation and decision.
3、AliExpress expects members to:
-Respect intellectual property rights of others;
-Develop and promote own brands;
-List branded products only after our verification of relevant supporting documents.
AliExpress
Alibaba Group
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