The “good-faith takedown mechanism,” available
in a trial version since January 6, 2015, and
officially launched on April 1, 2015, is a credit
system created for IP rights owners. Brand owners
shall ensure that the links they request be removed
actually do sell fake products. If the links are selling
fake products, the brand owners will benefit from a fast-removal procedure. Complaining parties who
fail to meet the good faith requirements (e.g., parties
requesting to remove original products or providing
false information) will be excluded from the goodfaith
takedown mechanism for six months. As a
consequence, the party will not be able to request
additional links be taken down for this period of
time.
According to the information provided by
Alibaba, the good-faith takedown mechanism was
designed to “cooperate with rights owners to promote
intellectual property rights protection overall” and
it aims at facilitating good faith complaining parties
to achieve better results when they enforce their
IPR through the Taobao online complaint system.11
Thanks to this new mechanism, Alibaba Group hopes
to provide better assistance to rights owners and to
ensure a prompt, effective, and accurate processing of
each take-down request.
The good-faith takedown mechanism introduces
some “standards of good-faith” for rights holders.
Based on historical data, to be qualified as “good-faith
complaints,” the rights owner shall meet the following
requirements: