Meaning
An administrative or legal procedure requires an online platform or service provider to remove infringing content or product listings upon receiving a valid notice from a rights owner. Takedown enforcement is a common tool for combating online counterfeiting, trademark infringement, and copyright violations on digital marketplaces in China. This procedure is regulated by national laws that establish the rights and obligations of both the rights owners and the service providers.
It involves submitting a structured complaint that includes proof of ownership and details of the alleged infringement.
Statutory Mechanism
Regulatory frameworks in China establish a notice-and-takedown system that platforms must follow to avoid secondary liability. Under the Civil Code of the People’s Republic of China, the platform must take necessary measures, such as deletion, block, or disconnection, after receiving an infringement notice. This statutory duty ensures that platforms cooperate with rights owners to protect intellectual property.
If a platform fails to act promptly, it can be held liable for any expansion of the damages caused by the continued infringement. This creates a strong incentive for platforms to enforce takedowns quickly. The law also protects platforms that act in good faith, reducing their exposure to lawsuits from suspended merchants who are later found to be compliant.
Practical Procedure
Operational procedures for executing these requests vary across platforms but generally require registration on a dedicated portal. For successful takedown enforcement, rights owners must provide evidence of their intellectual property registration and the specific infringing URLs. The platform then reviews the complaint and, if it meets the requirements, removes the targeted listing.
The suspected infringer is then notified and given an opportunity to file a counter-notice if they believe the takedown was unwarranted. This counter-notice procedure prevents the abuse of the takedown system.
Strategic Use
Foreign brands can leverage these platform-level procedures to protect their market share and brand value. Frequent use of takedown enforcement can deter counterfeiters from targeting the brand’s products. This helps to maintain a clean online marketplace.
