RED POINTS TOOLKIT

HOW TO REMOVE
A COUNTERFEIT
F R O M
Protect your digital assets
HOW TO REMOVE A COUNTERFEIT FROM ALIBABA

Introduction
The internet has truly revolutionised the way in which consumers
research and purchase goods. The average consumer can
now access a vast spectrum of producers, distributors and 3rd
party sellers from across the globe. Nowhere has this dramatic
change of landscape been more pronounced than in the rising
economies of Asia, China in particular. E-commerce has opened
up the Chinese market to western brands in ways that were not
previously possible without heavy capital investment.

However, the new platforms have also opened the floodgates to

IP infringing products, designs and vendors selling counterfeit
versions of branded products. This even extends to online shops
using brand names to sell products that are not affiliated with the
brand in any way.

In this guide we will be focusing on Alibaba Group, given the

sheer number of counterfeits we detect on their sites. Here at Red
Points, we feel that giving businesses the information required
to report and request the removal of IP infringing products will
be particularly useful.

This step by step toolkit aims to arm small and medium businesses
with the practical information they require in order to fight and
remove counterfeits.

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HOW TO REMOVE A COUNTERFEIT FROM ALIBABA

Intellectual Property Rights

& China
China’s intellectual property rights are not dissimilar to Europe’s,
this includes the protection of patents, copyrighted material
and trademarks. In regards to online IP infringements; if your
Intellectual Property (IP) appears on a website and is being used
without your permission, then you have the right to have it
removed. To do this you would be expected to provide evidence
that you are the rights holder and generally if the online service
provider completes your «take down request» and either deletes
or blocks access to the content, then they are no longer liable
for compensation. In cases where the website or online service
provider were aware of the IP infringement and did nothing or did
not act on your removal request, then they, and the individual or
entity that uploaded the IP infringing material, will both be liable.

This guide works on the principle that you have found an item
that infringes on your IP rights and wish to have it removed. The
good news is that due to continued pressure from brands, Alibaba
group has created «take down request» tools. These platforms
or tools aim to make it easier to have IP infringing material and
products removed.

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HOW TO REMOVE A COUNTERFEIT FROM ALIBABA

Alibaba IP Protection Platform

Alibaba Group currently owns five online shopping platforms:
Alibaba, Aliexpress, Taobao, TMall and 1688. It is against their
IP protection policy to list replica or counterfeit products that
infringe on IP rights. However, despite this, brands continue to
detect a high number of counterfeits on the sites. In response
to demand from IP rights owners, the group has introduced the
Alibaba IP Protection Platform. This service gives companies the
power to enforce their IP protection and allows IP rights owners
to file «take requests» in all 5 platforms directly, quickly and
efficiently.

There is no cost for registration or use of the service, however

you will need to accept a disclaimer which states that the owner
of the IP rights will not hold Alibaba Group accountable for any
damages caused by an IP infringement.

Trademarks and patents should be registered in China, although

Alibaba and Aliexpress will accept IP rights registered outwith
China. It is generally faster and more likely to be successful if
you have the correct Chinese trademark documents. Many
companies register their products in China, regardless of whether
they operate in the country or not, due to the high level of
1 «Alibaba.com Help Center - Intellectual Property Rights (IPR) Protection…»
counterfeiting on the sites.
https://service.alibaba.com/ensupplier/faq_detail/13863839.htm. 2017.

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HOW TO REMOVE A COUNTERFEIT FROM ALIBABA

Required documents
Evidence of the Infringement: This should include a screenshot
of the listing on their site, with the date it was taken. A hyperlink
to the active listing is also required.

Identification: For individuals you will need to provide a photocopy

of your passport or a national ID card. An organisation will require
a certificate of incorporation.

Evidence of ownership: You will be expected to produce

trademark (Chinese or international) or copyright registration
documents and relevant patent registration certificates.

Go to the sign-in or register page here Aliprotect®

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 HOW TO REMOVE A COUNTERFEIT FROM ALIBABA

The Taobao.com (Alibaba Group)

e-commerce platform is an important
concern due to the large volume
of allegedly counterfeit and pirated
goods available and the challenges
right holders experience in removing
and preventing illicit sales and offers
of such goods.

—United States Trade Representative, 2016

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HOW TO REMOVE A COUNTERFEIT FROM ALIBABA

The home page should look like this:

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HOW TO REMOVE A COUNTERFEIT FROM ALIBABA

Once registered you will then be asked for the information and
documents listed above. If your brand is registered outside of
China then then there is an option for this and you should see a
page which looks like this.

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HOW TO REMOVE A COUNTERFEIT FROM ALIBABA

Important Info & time-scale

The Intelectual Property Protection Platform will allow
you to register a maximum of 200 infringements per
vendor. The vendor will be contacted and given an
opportunity to respond before any listing is removed.

IP infringements takedown requested are actioned weekly.

However, in the case that the vendor wishes to challenge the
takedown request they can submit a counter-claim, this will
obviously prolong the process until a conclusion is reached
by the platform. If no counter-claim is received within 3
working days of the original takedown notification then
Alibaba Group will proceed to delete the listing automatically.

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 Thanks for reading!

Find out how we can help you protect your brand at:

WWW.REDPOINTS.COM

Disclaimer.
The contents of this publication do not necessarily reflect the position or opinion of Red Points. The services of the Red Points Toolkit are not of a legal or advisory nature and no respon-
sibility is accepted for the results of any actions made on the basis of its services. Before taking specific actions in relation to IPR protection or enforcement all customers are advised to
seek independent legal advice.