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IPPro Issue 002

IPPro is the go-to industry publication for news, views, and opinion on patent practice, law and management. The fortnightly publication and accompanying website - the only free-to-read intellectual property resource around - cover the full spectrum of IP law globally, including prosecution, litigation, licensing, management and technology.

IPPro is the go-to industry publication for news, views, and opinion on patent practice, law and management. The fortnightly publication and accompanying website - the only free-to-read intellectual property resource around - cover the full spectrum of IP law globally, including prosecution, litigation, licensing, management and technology.

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Alibaba Update<br />

Power to the enforcers<br />

Matthew Bassiur of Alibaba, gives an update of the e-commerce company’s<br />

enforcement efforts<br />

Barney Dixon reports<br />

Third party support for Alibaba has grown in recent years. What do<br />

you think Alibaba does well in terms of enforcement?<br />

You are absolutely right. We are seeing a deeper appreciation for<br />

Alibaba’s efforts and a greater understanding of our role as a partner<br />

in intellectual property protection. In recent years, Alibaba has made<br />

it even easier for rights holders to work with us and protect their IP.<br />

These efforts are paying off for rights holders. Leading brands, small<br />

and medium-sized enterprises (SMEs) and industry associations,<br />

including some who were previously our most vocal critics, have<br />

voiced their support for and satisfaction with our programs.<br />

To illustrate, let me share some data from last year. While the number of<br />

registered accounts in our IP protection system rose 17 percent yearon-year,<br />

the number of takedown requests dropped 42 percent. We<br />

believe this is attributable to Alibaba’s efforts in proactively identifying<br />

and removing potentially problematic listings. Listings go through our<br />

scanning engine, which identifies and intercepts problematic listings<br />

within microseconds, and prevents their entry onto our platforms. In<br />

addition, our deep learning algorithms continue to apply complex<br />

modeling to proactively remove suspicious live listings. In fact, last<br />

year 97 percent of our proactive takedowns occurred before a single<br />

sale took place.<br />

Additionally, in 2017 we launched enhanced data modeling to our IP<br />

protection platform to speed up the handling of takedown requests.<br />

As a result we’ve seen a two-thirds reduction in processing time and<br />

24 hour handling time during business hours has become the new<br />

norm. To assist small businesses and individuals, we have taken<br />

the extra step of developing a simplified online form for submitting<br />

takedown requests in order to make it easier for them to report and<br />

remove infringing listings.<br />

Finally, when we do identify infringers, we take action, in 2017, we<br />

closed more than 240,000 Taobao stores.<br />

Our offline enforcement efforts are also an area of strength. Alibaba<br />

does not limit its IP protection efforts to online matters and we work<br />

closely with rights holders and Chinese law enforcement officials. In<br />

2017, there were hundreds of arrests based on information and leads<br />

provided by Alibaba. We are taking action in civil courts as well as<br />

assisting in criminal matters.<br />

To date, we have brought 12 civil actions in China. Last year, we sued<br />

two sellers of counterfeit Swarovski watches and we brought and<br />

won a lawsuit against a pet-food vendor by alleging damage to our<br />

brand and reputation for selling counterfeit cat food on our platform<br />

and in violation of our terms of service. We believe these are the first<br />

legal actions brought in China by an e-commerce company against<br />

infringing sellers on its platform.<br />

Do you think Alibaba has changed perceptions of its commitment<br />

on IP? How has Alibaba won over brands that may have previously<br />

argued that Alibaba doesn’t do enough? How does it build trust<br />

with brands?<br />

I believe perceptions have changed, yes. Collaboration between<br />

Alibaba and rights holders is essential for the protection of IP, and<br />

every day we are working with brands to understand their IP and<br />

how we can work together. We listen to, deeply value and take<br />

action based on what we hear from them.<br />

As an example, in 2016, Alibaba merged its notice and takedown<br />

systems into a single ‘one-stop’ IP protection platform. This was a<br />

significant undertaking for us, but we knew from our collaboration<br />

with rights holders that a more unified and streamlined notice and<br />

takedown system was something that would be well received. As I<br />

mentioned earlier, in 2017 we made enhancements to platform to<br />

allow for faster processing of takedown requests.<br />

Alibaba has, for years, invested heavily in both technologies; it takes<br />

time for the development, testing and implementation of technological<br />

enhancement. It also takes time for those enhancements to be<br />

adopted and the benefits realised. I think in some ways the changes<br />

in perceptions we’re seeing now are the result of sustained, years<br />

long efforts by Alibaba.<br />

It also takes time to build the trusted relationships that enable<br />

our success. More than 100,000 brands operate on our platforms,<br />

including 75 percent of the world’s most valuable consumer brands,<br />

as well as countless small businesses, all of which have thriving<br />

businesses on Alibaba’s platforms.<br />

These businesses would not choose to work with us if they did not<br />

view us as a trustworthy partner.<br />

One of the key initiatives that Alibaba launched in 2017 was the<br />

AACA. Can you tell us a little bit about the AACA and any plans<br />

for 2018?<br />

We established the Alibaba Anti-Counterfeiting Alliance (AACA)<br />

in 2017, an alliance created among Alibaba and approximately 30<br />

global and domestic China brands, including Louis Vuitton, Uniqlo<br />

and Burberry. In September of last year, we created an Advisory<br />

Board to give AACA members the chance to participate in strategic<br />

decision-making and influence policies being considered by Alibaba.<br />

Advisory Board members include Swarovski, Adidas, Ford, Pernod<br />

Ricard and Sony, among others.<br />

Representation covers each of the industries represented in the AACA,<br />

including apparel, personal care products, consumer electronics, and<br />

the automotive industry.<br />

Simply put, we leverage our<br />

big data and analytics to help target<br />

illicit manufacturers, distributors and<br />

suppliers of counterfeit products<br />

Matthew Bassiur, vice president and head of global IP enforcement, Alibaba Group<br />

We believe this is an industry first and Alibaba will hugely benefit<br />

from the input of the AACA and the Advisory Board.<br />

This year we announced that the AACA was adding more members<br />

to bring our full membership to approximately 100 brands. This not<br />

only triples the number of companies that will benefit from the AACA<br />

programs and initiatives, but provides even broader representation<br />

in the dozen industries.<br />

What role does technology play in Alibaba’s work on intellectual<br />

property protection?<br />

The online environment is reflective of the offline reality and Alibaba<br />

takes a technology-driven approach to IP protection. As a leading<br />

global technology company, we leverage our advanced algorithms<br />

and machine-learning capabilities for our online and offline IP<br />

protection efforts. Online, we proactively monitor our platforms in<br />

order to identify potentially problematic listings and take action. Our<br />

data modeling is constantly improved upon to increase the accuracy<br />

in identifying, preventing or deleting suspicious listings. Offline, we<br />

use data and analytics to build cases for referrals to law enforcement.<br />

This is in addition to responding to many valid law enforcement<br />

requests for information to support their own investigations. Simply<br />

put, we leverage our big data and analytics to help target illicit<br />

manufacturers, distributors and suppliers of counterfeit products. We<br />

are also one of the few e-commerce platforms—if not the only one—<br />

to also have such a robust, proactive offline investigations program.<br />

How else is Alibaba working to create a better environment for IP<br />

protection in China?<br />

In addition to the efforts I have already described, we view it as<br />

part of our responsibility to advocate for improvements in laws and<br />

enforcement penalties in this areas.<br />

The best example of this is the vocal public advocacy of Alibaba’s<br />

founder and executive chairman Jack Ma who last year called for<br />

stronger IP laws and enforcement in China including jail time for<br />

offenders. So it is very encouraging to see just such changes being<br />

discussed in China. <strong>IPPro</strong><br />

36 <strong>IPPro</strong> The Internet www.ipprotheinternet.com 37

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