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Alibaba IPR Registration

Has anyone successfully registered?

         

Marshall

2:56 am on Sep 18, 2017 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



Since May (2017), I have been trying to register with Alibaba Intellectual Property Reporting system for one of my clients. I have submitted proof of business, articles of incorporation, and copyright certificates. Since then the information has been rejected for one reason or another. They finally accepted the copyright information, but rejected the proof of business. 2 days ago I get 2 emails back-to-back. The first said they accepted proof of business; the second they now reject the proof of copyright.

Of course I checked it out and they are claiming the copyright is not specific enough and I have to submit each image separately. The images were registered as a collective work as there are over 700, most of which are being infringed upon. Do they seriously think a person is going to take by my estimate, a week to create individual submissions? Personally, I feel they have no intention of honoring copyrights or trademarks. That being said, has anyone successfully registered with Alibaba and, if so, how? Any help/advice would be appreciated.

I do a lot of DMCA's (over 50,000 in the past two years) and I have never come across a website/company they asks for this kind of information regardless what country they are in. 99.99% of the time all that is asked is what the DMCA requires. IMHO, it they are being unreasonable. I will add that I also find it curious that, if you are applying to their IPR reporting system as an individual, they want a copy of your passport. Seriously!?

iamlost

2:50 pm on Sep 19, 2017 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



I had forgotten but presumed yes so checked: I succeeded. By which I mean that my law-type-persons succeeded (my sites are also in Chinese on Chinese servers so I retain Chinese law-type-persons) originally (2012) on AliProtect and TaoProtect then ensured remained in the change to the current singular IPP (Intellectual Property Protection) platform. Given that 'I' didn't actually do anything I can't give a definitive answer to your concerns.

Two things that may help (no promises):
1.

Article 11
Except otherwise provided in this Law, the copyright in a work shall belong to its author.

The author of a work is the citizen who has created the work.

Where a work is created according to the intention and under the supervision and responsibility of a legal entity or another organization, such legal entity or organization shall be the author of the work.

The citizen, legal entity or organization whose name is affixed to a work shall, without the contrary proof, be the author of the work.

There may be a difference/conflict of interpretation of 'collective' work. They may be viewing it as belonging to some 'group' other than yourself. If so you may need to show 'contrary proof' that you are the author.

2. I've forwarded a copy of your comment to my law-type-person. Whether there is sufficient info for an actionable reply I am uncertain. Will let you know regardless.