Meaning
A formal response submitted by a seller to an e-commerce platform to contest a claim of intellectual property infringement. The platform counter-notice initiates a process to reinstate a product listing that was removed following a takedown request. It asserts that the accused goods are legitimate or that the original complaint was unfounded.
Statutory Framework
The E-Commerce Law of the People’s Republic of China governs the timeline and requirements for these submissions. After a platform counter-notice is received, the platform must forward it to the original complainant. If the complainant does not initiate a legal action or administrative complaint within fifteen days, the platform is required to restore the listing.
This mechanism prevents the abuse of takedown notices to suppress competition.
Evidentiary Burden
Sellers must include preliminary evidence of non-infringement or a valid right to use the intellectual property in the document. A platform counter-notice often includes authorization letters or purchase invoices to demonstrate the legitimacy of the supply chain. Providing false information in this response carries severe penalties and can lead to permanent expulsion from the marketplace.
Platforms act as neutral intermediaries during this exchange to avoid liability for the underlying dispute.
Operational Consequence
Swift filing is necessary to minimize the loss of sales and search ranking during the takedown period. The platform counter-notice acts as the primary tool for legitimate factories to defend their online storefronts against malicious intellectual property claims. It balances the rights of brand owners against the operational continuity of online merchants.
