【Taobao's heavy interpretation】Related rules and implementation rules for selling counterfeit goods

Dear sellers:

In order to maintain and ensure the healthy market order of Taobao, provide honest sellers with a healthy and good platform environment, and provide consumers with a safer and safer online shopping environment, Taobao will further adjust the relevant rules for selling counterfeit goods.

The change of the rules will be announced on January 20, 2017 and will officially take effect on February 21, 2017.

The main changes are as follows:

A new "strike-out" rule is added to the rules for selling counterfeit goods, that is, the seller's behavior of selling counterfeit or pirated goods is recorded as once each time. If the same seller sells counterfeit or pirated goods three times in total, the account will be permanently sealed. Details https://rule.taobao.com/detail-5236.htm?spm=a2177.7231193.0.0.kE0SKC&tag=self

Next, Xiaobao will take you to learn about it in a picture - [The new rules for strikeouts you have to understand]

Common FAQ interpretations:

1. What specific circumstances fall within the scope of management of these rules?

1. Sell counterfeit registered trademark products;

2. Sell pirated goods.

2. What are the counterfeit registered trademark products?

Fake registered trademark goods refer to goods that use the same trademark on the same goods without the permission of the registered trademark owner.

The following circumstances are not handled in accordance with these rules:

1. Based on all information about the seller's goods, it will not be mistakenly considered as a product produced by the right holder or his authorized person;

2. The right holder of the country of origin of imported goods is different from the Chinese right holder who holds the same trademark;

3. The trademark used in the product is used in China before the registered trademark.

3. What are the pirated products included?

Pirated goods refer to books, e-books, audio-visual works and software that reproduce their works without the permission of the copyright owner.

4. "If you sell counterfeit products, Taobao deletes counterfeit, pirated products or information posted by members." What are the specific scope of the products?

Including but not limited to counterfeit, pirated goods or information that are being sold, in online warehouses, and deleted by sellers.

5. What will be dealt with if you violate the "sell counterfeit goods" rule?

According to different violations, Taobao will provide corresponding violations:

   At the same time, Taobao will take measures such as sealing accounts, closing stores, store supervision, restricting shipment, restricting product releases, restricting website login, restricting use of Alibaba Wangwang, restricting sending in-site messages, extending transaction timeouts, deregulating store blocking and downgrading of product searches for all stores, controlling product release qualifications for all stores, restricting the release of specific attributes, and limiting the quantity of product releases.

 In order to further protect the rights of buyers, Taobao has the right to take compulsory measures for Alipay accounts against sellers selling counterfeit goods, including but not limited to canceling the collection function, canceling the withdrawal function, prohibiting balance payment, and extending the transaction account period.

6. What behavior does "seller sells counterfeit or pirated goods" refer to? Give an example.

1. Although the seller has been identified by judicial and administrative authorities as selling counterfeit or pirated goods, it does not constitute bad means or huge amounts or serious consequences or has not been held criminally liable.

For example, people's courts at all levels determine that sellers sell counterfeit and pirated goods through judicial documents such as judgments or administrative agencies such as industrial and commercial, copyright, patent, customs, etc., but their means, amount, and consequences do not constitute serious consequences.

2. The goods sold by the seller are purchased and recognized by the seller or identified by the right holder as counterfeit or pirated products.

For example: After the product sold by the seller is purchased, the seller considers it to be counterfeit or pirated by Wangwang Chat or other means, or the right holder issues an appraisal report to identify the product as a counterfeit or pirated product.

7. What behaviors does "seller sells counterfeit or pirated goods and the circumstances are serious" refer to? Give an example.

1. Judging from the information level, sellers sell large or all of the counterfeit and pirated products;

2. The counterfeit and pirated goods sold cause personal or property damage to consumers;

For example: a seller sells a fake bathroom heater, and the bathroom heater explodes during use, causing the consumer to be injured or burned the bathroom, but this situation does not include the damage to the value of the bathroom heater itself.

3. The goods sold by the seller are identified as counterfeit or pirated products after the brand and copyright inspection in accordance with the provisions of the "Taobao Product Quality Sampling Rules";

4. Sellers deliberately hide or block information about the product, or maliciously evade platform supervision and sell counterfeit or pirated products, including but not limited to selling counterfeit or pirated products by deliberately blocking trademarks and smearing trademark logos;

For example: the seller sells a female bag of a certain brand and deliberately blocks its trademark in the form of mosaics, smears, other patterns, etc. in the product display pictures, or deliberately hides the product trademark information to evade platform supervision.

5. The seller sells counterfeit or pirated goods multiple times and the circumstances are serious (the seller violates the third item of judgment through the information level within 3 days as deemed as 1 time.) If the seller also has the circumstances described in the first item of these rules, it will be handled in accordance with the provisions of the first item. If a user of the Taobao intellectual property protection platform has established a complaint against the same seller three times or more for the same right, 48 points will be deducted in accordance with the provisions of the first item.

8. How to understand that violations judged by the information level are considered once within 3 days?

For example: The seller deducted 2 points on April 1 for selling counterfeit goods, 2 points on April 2, and 8 points on April 3, which is deemed to be a violation of the sale of counterfeit goods once. A total of 12 points will be deducted for violations (no more than 12 points in 3 days). If the seller deducts 2 points for selling counterfeit goods again on April 4, it will be deemed to be the second violation.

9. What behaviors does "the seller sells counterfeit or pirated goods and the circumstances are particularly serious" mean? Give an example.

1. If the seller is found to have sold counterfeit or pirated goods by judicial or administrative authorities, the means are bad or the amount is huge or the consequences are caused, or they are held accountable or may be held criminally liable.

For example: Li opened an online store and sold counterfeit brands such as brand A, brand B, brand C, and other internationally renowned brands, making illegal profits of millions of yuan. He was sentenced to five years in prison and a fine of RMB 5 million by the court in the first instance.

2. The seller sells counterfeit and pirated goods through improper means, and has a bad impact.

For example: The seller repeatedly uses other people's accounts to sell counterfeit and pirated goods and has caused bad effects.

3. Users of the same Taobao intellectual property protection platform have filed complaints against the same seller three times or more regarding the same rights (except for special circumstances, no violations of the third item of judgment through the information level that the seller violates the third item within 3 days and determines it as one time).

For example, on January 4, Taobao Intellectual Property Protection Platform User A complained about seller B about rights c and the complaint was established, which was deemed to be the sale of counterfeit goods once; on January 8, Taobao Intellectual Property Protection Platform User A complained about seller B again about rights c, and the complaint was still established, and the seller B sold counterfeit goods twice; on January 11, seller B received the third complaint from Taobao Intellectual Property Protection Platform User A on rights c, and the complaint was established. At this time, since Taobao Intellectual Property Protection Platform User A had three complaints against seller B about the same rights c, the seller would be deducted 48 points this time.

10. What behaviors does "providing convenient conditions for the sale of counterfeit and pirated goods" refer to? Give an example.

1. Through Alibaba Mama marketing and promotion platform (diamond booth, Taobao direct train, etc.), counterfeit and pirated products or information will be promoted, and the management measures of the promotion platform will be circumvented to provide convenient conditions for sellers of counterfeit and pirated products.

For example: After passing the diamond booth promotion information review, seller A arbitrarily modifys the promotion information content and points the promotion results to seller B's product. If Taobao verifies that the product is a counterfeit product, seller A will deem it to provide convenient conditions for selling counterfeit or pirated products.

11. "For sellers who use Alibaba’s marketing and promotion platform to sell counterfeit and pirated products, Taobao will upgrade according to the severity of the circumstances." How will Taobao upgrade?

Upgrade processing means that Taobao will upgrade one level based on the original violation.

For example: If the seller's behavior meets the circumstances of "selling counterfeit or pirated goods and the circumstances are serious", 24 points should be deducted according to the rules and corresponding treatment measures should be given. However, because the seller uses the diamond booth to promote information about his counterfeit or pirated goods, the upgrade will be given, which is deemed to be "selling counterfeit or pirated goods with particular serious circumstances", 48 points will be deducted, and the account will be sealed and shipped.

12. "When judging the seller's selling counterfeit or pirated products through the information level," the points will be deducted according to the item. Why should "no more than twelve points within three days" be set?

The purpose of setting "no more than 12 points within three days" is to give the seller a chance to make rectification so that the seller will not be deducted for a total of 48 points for selling multiple counterfeit goods at one time, so as to avoid the rules being punished only but not educational.

13. How does Taobao investigate and judge the behavior of "selling counterfeit goods"?

1. [Manual investigation and judgment] The seller shall operate the online store in accordance with the principle of honesty and trustworthiness. Taobao will arrange personnel to investigate the suspected counterfeit and pirated products in the seller's store when it receives complaints, reports from consumers, rights holders, administrative departments and other parties or obtain credible clues and evidence. If the seller is found to have sold counterfeit or pirated goods, except for the seller who successfully appeals according to the requirements in point 5 below, Taobao may impose penalties on the seller based on the judgment conclusions. Taobao will notify the relevant sellers to provide corresponding evidence, and the seller has the right to appeal in accordance with the requirements in point 5 below. Taobao uses manual intervention to judge counterfeit and pirated products, and from the perspective of ordinary people, comprehensively evaluates the complaint materials submitted by consumers, rights holders, administrative departments, etc. and the seller's counter-notification materials.

2. [System investigation and judgment] Because the number of sellers and products on Taobao is particularly huge, it is impossible to crack down on counterfeiting in a timely and effective manner through manual investigation. Based on platform big data technology, Taobao has developed a "fake model" system, which can investigate goods and accounts suspected of selling counterfeit goods from multiple dimensions such as accounts, goods, transactions, and logistics. Taobao will further verify and judge the data suspected of selling counterfeit and pirated goods found in the "fake model" system. Among them, the system will make a judgment on whether it is sold for counterfeit or pirated goods based on pre-set logic based on probability theory. For acts determined to be sold as counterfeit or pirated goods, in addition to the seller's successful appeal in accordance with the requirements in point 5 below, Taobao may impose penalties on the seller based on the judgment conclusion. Taobao will notify the relevant sellers to provide corresponding evidence, and the seller has the right to appeal in accordance with the requirements in point 5 below.

3. [Decision Information Disclosure] If a seller's product is manually or systematically investigated and determined to constitute the sale of counterfeit or pirated goods, Taobao may decide whether to disclose the basis for the judgment based on the level of the trade secret involved. However, when the system investigates and determines that the seller is selling counterfeit or pirated goods, given that the "fake model" system and its algorithm are the core business secrets of Taobao, Taobao only needs to notify the seller of the conclusion that the seller is selling counterfeit or pirated goods without disclosing the basis for the judgment. However, whether it is manually or systematically identified, the seller has the opportunity to submit materials and express opinions.

4. [Treatment of selling counterfeit goods] Taobao will deal with the seller's behavior of selling counterfeit and pirated goods investigated and judged on points 1 and 2 in accordance with the provisions of these rules and other relevant rules. Taobao will inform the seller of the handling results at the same time as notifying the seller that it constitutes selling counterfeit and pirated goods.

5. [Seller's appeal] If the seller believes that Taobao's judgment on its sale of counterfeit or pirated products is incorrect, the seller can appeal to Taobao within the specified time limit. Conditions for the establishment of a complaint: provide reasonable certificates such as authorization proof information, legal purchase vouchers, shopping receipts, etc. to prove that the goods sold by the seller are genuine.

14. If you are deducted points for "selling counterfeit goods", how to submit a counter-notification? What materials are required to provide for counter notification?

If the seller receives an infringement complaint, he can file a complaint in the intellectual property complaint I received on my Taobao - I am the seller - Report Management - and provide relevant supporting information.

The materials provided by the counter notice can be legal purchase vouchers, shopping receipts in malls, authorization certificates, etc. that can prove that the goods sold by the seller are genuine.

Thank you for your attention and support to Laogao Crown Club . Please indicate the source for reprinting by Xuanming Network www.shxuanming.net