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June 1, 2015 Vol. 70 No. 10 Back to Bulletin Main Page

CHINA: Taobao Implements Good-Faith Takedown Mechanism

On April 1, 2015, Taobao, a Chinese online shopping website, officially launched its Good-Faith Takedown Mechanism after three months of trial use since January 6, 2015. This proactive move of Taobao is aimed at providing convenient and efficient rights protection for good-faith and prudent IP rights owners.

Some Advantages
Shortened Complaint Processing Period
Only one to three working days are needed to process complaints filed by rights owners using the Good-Faith Takedown Mechanism. Normally, such requests take five to seven working days.

Designated Contact Specialists
Taobao will provide designated contact specialists for brand owners requesting a takedown to follow up and communicate. Rights owners will be able to interact with the IPR Protection Platform of Taobao and engage in timely communication about questions arising from filing complaints.

This approach will help to streamline infringement review standards and avoid instability and uncertainty while also providing a more favorable service experience for rights owners.

Criteria for Joining the Good-Faith Takedown Mechanism
Data Standards and Declaration Letter
The Good-Faith Takedown Mechanism is based on intellectual property rights (IPR) owners’ historical complaint data in the IPR Protection Platform of Taobao. If the recorded takedown rate of a rights holder is no less than 90 percent, and the counter-notification rate raised by the seller is no more than 1.5 percent, then the rights holder has met the data standards.

IPR owners also need to sign a Declaration on Joining the Good-Faith Takedown Mechanism to ensure all related qualifications and rights used in IPR protection are undisputable.

Monthly Statistics and Calculations
After joining the Good-Faith Takedown Mechanism, IPR Protection Platform of Taobao will conduct monthly statistical analyses and calculations of rights owners’ historical complaint data. IPR owners failing to meet the above-mentioned standards of good-faith complaint must quit the mechanism and cannot rejoin for six months.

Good-faith and prudent IPR owners can fully use this new tool and reward mechanism of Taobao in online IPR protection to shorten the review period for complaints, to fight against infringing sellers more quickly and to yield more effective IPR protection. Meanwhile, its strict exit policy also requires rights owners to file complaints more prudently, make sure each complaint is accurate and effective and avoid being forced to exit the mechanism due to complaint data failing to meet the standards.

Although every effort has been made to verify the accuracy of items in the INTA Bulletin, readers are urged to check independently on matters of specific concern or interest.

© 2015 International Trademark Association