Intellectual Property on Alibaba
By: Eric Karich, Registered Patent and Trademark Attorney
Design patents can be useful for online sellers outside of Amazon, such as on Alibaba (a site you can use to order products directly from Chinese manufacturers), which has a simplified process for eliminating infringement. Alibaba has also implemented a “good-faith” takedown mechanism, which allows intellectual property holders to obtain verification on their accounts. Benefits of joining the mechanism include faster processing of takedown requests, simplified requirements for burden of proof, and others.
If you are an intellectual property right holder, you should use IPP (https://ipp.alibabagroup.com/login.htm?_localeChangeRedirectToken=1) to file intellectual property infringement claims for centralized processing. Three types of materials must be submitted to IPP to facilitate processing of intellectual property infringement claims, namely:
1. Proof of identity of the complaining party and relevant authorization if the complaining party is not the intellectual property right holder;
2. Proof of intellectual property ownership;
3. Specific and clickable hyperlinks of the relevant allegedly infringing listings on the Site
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/when any counter-notifications are filed, and may accept or reject such counter-notifications.
Alibaba.com has the stated aim to identify, block and remove infringing listings and root out repeat offenders. One method to achieve this is the above-mentioned “good faith” takedown mechanism. You may either execute a Declaration on Joining the Good-faith Takedown Mechanism, or, upon meeting the statistical requirements, qualifying accounts will be automatically upgraded. Nearly all IP-related takedown requests received from brands and rights holders are handled within 24 hours, as new data-modeling allows for more-effective and faster processing of claims. Of those, 83 percent result in successful takedowns.