Overview of IP Protection in Chinese E-commerce Platform
In order to protect your IPRs on e-commerce platforms in China (such as 1688, Tmall, Taobao, JD.com) or across borders (such as AliExpress, Alibaba), you can utilize the IP protection platform by yourself or 3rd party like attorneys. The process mainly includes two steps:
- Register an account in the IP protection system of the e-commerce platform in advance and record your Chinese or foreign IPR (only for cross-border e-commerce platforms);
- Once infringement is discovered, submit a report to remove counterfeits online quickly.
Introduction to Alibaba IP Platform
Taking Alibaba as an example, its IP protection platform consists of two parts:
Taobao and Tmall Group IP Protection Platform
Covers domestic trading platforms in China, such as Taobao, Tmall, Tmall Global, 1688, Xianyu, etc.
Alibaba International Intellectual Property Protection Platform
Covers international platforms, such as AliExpress, Alibaba, Lazada.
Note: Alibaba recognizes foreign IP registrations and will take down counterfeit listings. Actually, such process goes much smoother if your IP is also registered separately in China. Thus, it is better to apply for IP in China, even if China is not your target market.
Process and duration of takedown
Taking Alibaba International IP Protection Platform as an example, complaints can be divided into the following four steps:
Register an account
The IP owner must first register an account on the platform.
Verify the identity and IPR of owners
If the owner is an individual, they can submit their passport or driver's license; if the owner is a company, they can upload a business license or certificate of incorporation. If the user is a licensee rather than an owner, they must additionally submit a letter of authorization/ POA.
Then, the owner should choose the type of IP and input the information of IPR, and finally submit a certificate. If there are multiple IPRs, they need to be submitted one by one.
This step will take around 3 working days.
Submit a Complaint
Once infringement is discovered, the owner may report it on the protection platform. Specifically, they should choose an e-commerce website (such as Alibaba, AliExpress, or Lazada) and input infringement information (IPR infringed, complaint type, reason, evidence, less than 300 URLs). The other party should respond to the takedown request within 3 days after receiving it. After that, the IP platform will make a decision on whether to remove the counterfeit products within 3-10 days.
Manage Complaints
After filing a complaint, users can check its details, withdraw it, and review the other party’s response (also known as a “Counter-Notices”).
Required documents/ information:
- Proof of owner's identity;
- POA;
- Certificate of IPR (an evaluation report should be provided separately where a utility model/ design is claimed) (please provide the URL of first publishment where copyright is claimed);
- URLs of fake goods.
If you need to remove counterfeit goods on Alibaba, don't hesitate to get in touch with us for a quote.
