Welcome to SeCA Working Group

1. What is the platform's channel(s) (e.g., online form/portal) for submitting and tracking complaints?

Lazada has two (2) main channels for submitting and tracking complaints.

a. Intellectual Property Protection (IPP) Platform

The IPP Platform, available at https://ipp.alibabagroup.com/, is our industry-leading, one-stop online reporting system designed to make it easy to submit complaints for alleged infringement of intellectual property rights (IPR). The IPP Platform is a web-based portal where rights holders can register their enforcement accounts, submit complaints across all Lazada platforms and track the complaint process, including any counter-notices submitted by sellers. The IPP Platform was publicly launched in June 2019 and is open to the public.

The IPP Platform provides rights holders with more efficient complaints processing than conventional email-based or online form systems. It enables rights holders to receive real-time updates on their submitted complaints from initial submission to case conclusion. The IPP Platform also serves as a repository for right holders’ IPR document: rights holders upload their IPR document just once - when they submit their first request and the IPR document will be available for use for the right holder’s subsequent filings. The IPP Platform accepts complaints at the product listing level and each request (based upon one IPR document) can flag up to 300 product listings.

The fastest and most efficient way to submit an IPR infringement complaints to Lazada is to use the IPP Platform: It allows Lazada to process complaints promptly and effectively whilst rights holders will be able to monitor the result of their complaints via their IPP Platform account. They will also be able to obtain access to counter-notices filed by affected sellers (if any), submit replies to counter-notices and withdraw complaints through their IPP Platform account.

b. Lazada IP Online Form

The Lazada IP Online form, available at https://yida.alibaba-inc.com/o/LazadaTrustOnlineForm?spm=a2o42.20243471.3461882360.3.419c2ecfKROaTw#/, is the second channel for reporting IPR infringements.

The online form accepts complaints at the product listing level (up to 20 listings) and also those based upon IPR infringement found in a store name, a store banner or a store profile picture. The online form is a lightweight solution intended for right holders with infrequent and low-volume filing needs. Hence, there is no need for account creation and hence no possibility for storing of IPR document data for future use. Also, visibility of the complaint process is limited and processing times are longer compared to the IPP Platform.

2. What is the platform’s procedures and requirements for handling and processing complaints:

E.g.:
- Proof of identification of complainant
- Proof of authority to file complaint (PoA)
- Description of the counterfeit product
- Is there a “trusted notifiers” program which expedites processing complaints?

There are four (4) key phases for a first-time user of the IPP Platform:

a) Registration for an account

A first-time user has to provide a valid email address and phone number to register for an IPP user account. The account set-up follows after email address verification.

b) Verification of the new user’s identity

In cases where the new user is an individual (natural person), the user will need to upload documents to confirm his/her identity (e.g., digital image (scan or photograph) of official identity card). If the new user is an enterprise (incorporated legal entity), the new user will need to upload their business license.

Where the new user’s identity does not match that of the registrant of the relevant IPR sought to be enforced, the new user will need to upload relevant additional document(s) (e.g., Power of Attorney (PoA) or Letter of Authorisation (LoA)), to show his/her/its authority to enforce the relevant IPR on behalf of its registrant.

c) Verification of the rights holder’s IPR document

The IPR documents accepted on the IPP Platform include valid patent, registered design, trademark or copyright registration certificates. In case the registrant's name, address or other registered contents of the relevant IPR has undergone changes since the issuance of the registration certificate, the new user has to upload additional documents to show recordation of those changes (e.g., recordal of assignment, recordal of change of name) with the relevant IP registration office. If the submitted IPR document appears to have expired or lapsed, the new user has to upload additional documents to show that the submitted IPR document is valid (e.g. renewal certificates or extension documents).

d) Management of notice and complaints

Once verification is completed and at least one IPR document is successfully approved, the new user is able to submit complaints using the account and monitor progress of the complaints, as well as review – and elect to “accept” or “reject” -- any counter-notifications which may be raised by affected sellers.

The Lazada IPP Handbook provides more details on the phases and is available here: https://www.lazada.com/en/ipr/detail/54/

‘IPP Plus’ Program – Enabling simplified and expedited takedowns

The “IPP Plus” Program (“IPP Plus”) – launched in January 2020 – seeks to foster deeper collaboration between rights holders and Lazada. It allows the parties to work together to increase takedown success rates and facilitate expedited enforcement. Participating rights holders enjoy expedited takedown processing and enhanced service support. Rights holders who are invited onto the IPP Plus have met certain thresholds in their takedown success rates (see figure below). Assessment criteria for participation in Lazada’s IPP Plus Program:

• High Volume -- At least 500 complaints per month for the previous three (3) consecutive months;
• Low Complaint Rejection Rate -- Complaint rejection rate is less than 5% per month for the previous three (3) consecutive months;
• Low Appeal Passing Rate -- Successful appeals by sellers (through counter-notification) against those takedown requests is less than 1% per month for the previous three (3) consecutive months; and
• Established Relationship – Existing working relationship with Lazada IPR Protection Team.

Rights holders on IPP Plus enjoy faster takedown processing time of 48 hours. Lazada’s IPR Protection Team also checks in regularly and corresponds with IPP Plus participants. The IPR Protection Team uses these check-ins to review past complaints and to focus on challenging takedown scenarios. Guidance is also provided to IPP Plus participants on improving their reporting accuracy.

3. What are the expected or average complaint processing times for the notifications (with option to break down into segments, e.g., “trusted notifiers” and “others”.)

IPP Users: 3 business days
IPP Plus Users: 48 hours (In year 2021, more than 90% of the complaints were processed within 24hours)

4. Is there external-facing contact(s) who can speak for the platform in relation to IP protection and anti-counterfeiting issues?

Appreciating the need to respond promptly and efficiently to rights holders' IPR concerns, in March 2019, Lazada set up the Intellectual Property Rights Protection Team ("IPR Protection Team") – a team dedicated to attending to rights holders’ IPR concerns on Lazada platforms.

The Lazada IPR Protection Team is charged with the mission of developing a comprehensive IPR protection program at Lazada, so as to foster a healthy and safe e-Commerce environment that supports fair and sustainable commercial activity for all participants across Southeast Asia.

With product authenticity at the core of its mission, the IPR Protection Team is committed to preserving the trust that consumers and sellers repose in Lazada. Aside from designing, developing and implementing Lazada’s IPR Protection Program, the IPR Protection Team also actively engages with rights holders to ensure that they maximize benefits from the program and to obtain ongoing feedback.

5. Are there any other practices adopted by the platform has which further boost IPR protection?

E.g.:
- Prevention of repeat infringers policy
- Offline investigations collaboration/information sharing

Seller Education and Governance

Lazada expects our sellers to engage in lawful commerce, including being respectful of IPR laws. To this end, Lazada educates sellers about IPR and the IPR Policy from day one with our seller on-boarding process.

i. Raising IPR Awareness
New sellers attend web-based ‘Lazada University,’ where they go through a series of educational modules, two of which are dedicated to explaining IPR and Lazada’s IPR Policy. The modules emphasize the consequences for non-compliance with Lazada’s platform policies, including the IPR Policy.

ii. Escalating Penalty System
Lazada’s platform governance system uses an escalating penalties system that targets recidivists IPR infringers. Accounts may be suspended or terminated due to non-compliance with our platform policies, and blacklisted accounts are prevented from returning to the platform.

iii. Seller Vetting Process
Lazada adopts a rigorous vetting process for onboarding sellers to the platform. New sellers are required to submit identification documents and bank statements. In addition, sellers on LazMall are required to provide extensive documentation to ensure that LazMall stores only carry brands for which they have authorization.

Online-to-Offline Enforcement and Stakeholder Collaboration

i. Online-to-Offline Enforcement Raids
Lazada understands that effective IPR protection requires targeting of the physical sources of counterfeit goods – not just the online platforms where they are sold. Enforcement actions also create deterrence for future counterfeiters and send a clear signal that Lazada’s platform is off limits for counterfeits. Since 2020, Lazada has worked with brands to provide leads to law enforcement agencies, resulting in enforcement raids across the different countries in which Lazada operates.

ii. Capacity Building Workshops
Given the fast-evolving nature of the eCommerce sector, Lazada also works closely with enforcement agencies to build their appreciation and understanding of issues related to online counterfeits.

Best Practices on IPR Protection – Lazada