全球速卖通

Types of IPR Infringements

Types of Infringements

Penalty

Trademark rights Infringement

Serious violation: 

1)  Membership termination upon three violations.

General violation: Other circumstances of trademark  infringement.

1)   No penalty point incurred for the first violation;

2)   6 penalty points incurred for each repeat violation;

3)   48 penalty points cumulatively incurred results in membership
termination.

Copyrights Infringement

Any unauthorized use of copyrighted materials, such as text, images, viodes, music, software, will amount to copyright infringement.

Physical product violation:

1)the product or its packaging is pirated；

2)the physical product or its packaging is not a pirate, but includes unauthorized copyrighted works；

Information violation:

The product or its packaging not infringing, but there’s unauthorized use of copyrighted works, such as pictures or texts etc. on the product listing(s)

1)No penalty point incurred for
the first violation;

2)   6 penalty points incurred for each repeat violation;

3)   48 penalty points cumulatively incurred results in membership
termination. 

Patent rights

Infringement

Design, design patent, utility model, and invention patent rights infringements

(General or serious violation would be determined on a case-by-case basis).

1)  No penalty point incurred for the first violation;

2)  6 penalty points incurred for each repeat violation;

3)  48 penalty points cumulatively incurred results in membership
termination.

(Membership termination upon three violations in case of serious
violation.)

1. Applicable enforcement actions shall be imposed based on the complaint, the product listing status as at the time when the complaint filed by rights holder is received or when random check was conducted.
2. All of general violations and copyrights Infringements including rights holders’ successful complaints (which include circumstances where a complaint is filed but no counter-notice is submitted by the seller within the specified time limit, or where the counter-notice submitted by the user is rejected) and random checks by AliExpress within a day shall incur no more than 6 penalty points.

3. All of serious violations including rights holders’ successful complaints (which include circumstances where a complaint is filed but no counter-notice is submitted by the seller within the specified time limit, or where the counter-notice submitted by the user is rejected) and random checks by AliExpress within three days shall be counted as one serious violation only. Membership will be terminated upon a total of three serious violations regardless of the type of IPR infringement involved.

4. AliExpress has the right to impose penalties against violations and infringements conducted by sellers and take actions against sellers, including but not limited to (i) rejection/ removal of product listings or information; (ii) selling restrictions; (iii) suspension of accounts; and (iv) termination of accounts. For any terminated account, AliExpress has the right to take appropriate measures to prevent the account holder from registering AliExpress again.
5. All violations shall be recorded for 365 days from the date of penalty imposed.

6. Under certain extreme / conspicuous situations, AliExpress reserves the right to terminate AliExpress seller service agreement and Free Membership Agreement, user account and any and all accounts determined to be related to such user by AliExpress at its sole discretion, and / or to implement other measures that AliExpress considers appropriate at its discretion for the purpose of protecting the legitimate rights and interests of consumers and rights holders and maintaining the normal operation order on AliExpress. In such circumstances, in addition to directly terminating the user account, AliExpress is also entitled to freeze the funds in the International Alipay account and AliExpress account associated with the user so as to ensure that the legitimate rights and interests of consumers or right holders can be protected when they exercise any right or remedy such as filing complaints, reporting, initiating civil actions, etc. . “Extreme / conspicuous situations”includes but not limited to: 

8. In the event of inconsistency between the Chinese and the non-Chinese version of these rules,  the Chinese version shall prevail.