ANTI-COUNTERFEITING
enforcement authorities to address remaining issues.
“TAOBAO HAS ASSURED THE US
THAT IT WILL CONTINUE TO WORK TO RID ITS WEBSITE OF INFRINGING PRODUCTS AND WORK WITH CHINESE LAW ENFORCEMENT AUTHORITIES TO ADDRESS REMAINING ISSUES.”
Additionally, Alibaba Group, which owns
websites such as
alibaba.com,
aliexpress.com and
taobao.com, has entered into a Memorandum of Understanding with the IACC to facilitate cooperation in submitting and processing takedown notices. According to a statement issued by the Alibaba Group, Taobao removed 87 million allegedly IP-infringing product listings from its marketplace in 2012.
Taobao also introduced a ‘four strikes’ system to address the issue of repeat off enders. Under the four strikes system, a seller who has been penalised at least twice is identifi ed as a “repeat and high volume infringer”. If that infringer is found to be selling counterfeit goods on two more occasions in one calendar year, then that seller is banned from the Taobao marketplace.
While eradicating counterfeit goods from online marketplaces is a continual battle, positive steps made by service providers such as PSPs, and especially proactive eff orts from e-commerce sites, are encouraging for rights holders. For brand owners and online retailers, more
streamlined takedown procedures and
enforcement actions in the online marketplace are oſt en the most eff ective way to curb infringers from selling counterfeit goods.
Individual websites that sell multiple brands have also taken steps to combat the sale of counterfeit goods. Many have adopted takedown procedures through which rights holders can identify infringing products and sellers of counterfeit goods. It is proactive approaches such as these that have provided credibility to some online retailers, while the lack thereof has landed others on the Notorious Markets List compiled by the Offi ce of the US Trade Representative (USTR).
T e Out of Cycle Review of Notorious Markets identifi es particularly infamous markets worldwide. T is annual review identifi es both online and physical marketplaces that engage in commercial-scale IP rights infringement. T e last report, published on February 12, 2014, focuses on websites that appear to engage in or facilitate IP infringement.
T e review not only names notorious markets but also mentions positive developments from the previous year. In some cases, previously
www.worldipreview.com
identifi ed infringing websites have been shut down as a result of litigation, been shut down by the business itself, or have decided to cooperate with local authorities.
Other identifi ed websites, such as Chinese website
PaiPai.com, have reworked their takedown procedures to streamline the process and make it easier for IP rights holders to assert their claims. Rights holders can expect to see a quicker response through these streamlined processes. While websites such as
PaiPai.com have been removed from the Notorious Markets List, they continue to be monitored by the USTR.
Another website that has been removed from the list is Chinese website
Taobao.com. T is large online marketplace has made signifi cant eff orts to combat counterfeiting and greatly reduce the availability of counterfeit goods through its online retailers. Taobao has assured the US that it will continue to work to rid its website of infringing products and work with Chinese law
Roxana Sullivan holds a Juris Doctor degree in law. Her experience covers trademark and copyright prosecution, licensing, business-related agreements, and internet/e-commerce issues. Dennemeyer & Associates is an international IP law fi rm, providing the full range of legal services relating to intellectual assets worldwide.
World Intellectual Property Review Annual 2014 39
Roxana Sullivan is an attorney at law at Dennemeyer & Associates. She can be contacted at:
rsullivan@dennemeyer-law.com
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