(Updated on February 10, 2014)
Alibaba.com Hong Kong Limited (“Alibaba.com”) respects intellectual property rights of others and we expect our users to honor the same. Intellectual property infringement claims are dealt with severely on our websites at www.alibaba.com and www.aliexpress.com(Collectively referred to as «Site»).
2．Intellectual Property Right (“IPR”) Protection
Listings of counterfeits, replicas, or other unauthorized items are prohibited on the Site strictly.
Listings of offers to sell or purchase counterfeits, replicas, or other unauthorized items shall be subject to removal by Alibaba.com.
3．Repeat violations of our IPR policy may result in a range of actions, including without limitation to:
— Removal of listings
— Posting restrictions
— Account suspension
— Termination of membership service agreement
Exact enforcement actions for intellectual property right infringement claims are stated in the following links:
Please click (http://rule.alibaba.com/rule/detail/2043.htm?spm=a271m.8038918.104.22.168FdHD) to check the enforcement actions for www.alibaba.com.
Please click (https://helppage.aliexpress.com/buyercenter/questionAnswer.htm?isRouter=0&viewKey=1&id=20070124&categoryIds=9205401&lang=ru) to check the enforcement actions for www.aliexpress.com.
Alibaba.com has the full discretion to take any enforcement action anytime for certain extreme / conspicuous situations, such as where litigation has already been initiated by intellectual property rights holder.
All intellectual property infringement claims shall be made under penalty of perjury. Intellectual property right holders further agrees to indemnify and hold Alibaba.com harmless from all claims, causes of action, damages and judgments arising out of any removal of product listings pursuant to intellectual property infringement claims.
As a neutral e-commerce platform Alibaba.com does not adjudge conflicting intellectual property infringement claims. Any action taken by Alibaba.com shall not be construed as any endorsement o of any intellectual property infringement claim. All conflicting intellectual property infringement claims shall be resolved by the relevant conflicting parties separately from Alibaba.com and the Site.
5．AliProtect, the online report system
Intellectual property right holders shall use AliProtect(http://legal.alibaba.com/index.htm) to file intellectual property infringement claims for centralized processing. Access to AliProtect is also located under the “Help” tab on the top right corner of the front webpage at the Site.
AliProtect provides an efficient and transparent channel for intellectual property right holders to file intellectual property infringement claims and request takedown of allegedly infringing listings from the Site..
Three types of materials must be submitted to AliProtect to facilitate processing of intellectual property infringement claims, namely:
- Proof of identity of the complaining party and relevant authorization if the complaining party is not the intellectual property right holder;
- Proof of intellectual property ownership;
- Exact clickable hyperlinks to the relevant allegedly infringing listings on the Site
For questions relating to intellectual property protection measures or legal issues, please contact email@example.com(note that AliProtect is our effective and efficient claims handling channel and we DO NOT recommend use of this email address for any intellectual property claim submission).
Alibaba.com will evaluate intellectual property infringement claims filed via AliProtect promptly. Members subject to intellectual property infringement claims will be notified of the claims and the contact information of the intellectual property right holders will be provided to the members to facilitate direct conflict resolution and claim handling.
Members subject to intellectual property infringement claims may submit counter-notifications to dispute the corresponding claims. Intellectual property right holders will be notified if and when any counter-notifications are filed and may accept or reject such counter-notifications. Alibaba.com reserves the right to reinstate any listing subject to intellectual property infringement claims at our discretion.