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What You Need to Know About Online Marketplaces in Asia

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This complimentary 30-minute CSC® webinar will assess the key digital challenges your brand may be facing on Asian marketplaces, and will cover:

Which marketplaces are the most popular and which are the most important to watch
Strategies to ensure you maximize your success rate when sending takedown requests
How to get rogue sellers suspended
Taobao’s good-faith takedown mechanism
Case studies on online brand protection strategy results

Published in: Internet
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What You Need to Know About Online Marketplaces in Asia

  1. 1. Digital Brand Services What You Need to Know About Online Marketplaces in Asia: New trends and emerging marketplaces June 7, 2017
  2. 2. About Your Speakers David Franklin david.franklin@netnames.com Proprietary and Confidential 2 Irene Oh irene.oh@netnames.com
  3. 3. Agenda 1. Why are Asian marketplaces important and which are the most important ones to watch? 2. Strategies to ensure you maximise your success when taking down infringements and suspending rogue sellers from Asian marketplaces 3. Case studies on typical results that can be achieved Proprietary and Confidential 3
  4. 4. 1. Why are Asian marketplaces important and which are the most important ones to watch?
  5. 5. eCommerce sales in China have now overtaken those of the U.S.A. Proprietary and Confidential 5
  6. 6. Sales growth on Tmall and Taobao Proprietary and Confidential 6
  7. 7. In fact access to marketplaces via mobile devices is increasing rapidly Proprietary and Confidential 7
  8. 8. The Chinese domestic market: In 2015, 14 billion eCommerce parcels were delivered across China Proprietary and Confidential 8
  9. 9. Mainland China was also the point of origination for approximately $1.2 billion of the $1.7 billion in counterfeit goods confiscated by U.S. law enforcement agencies in 2013 Proprietary and Confidential 9
  10. 10. The most popular Chinese marketplaces ranked by visitor traffic Proprietary and Confidential 10 Marketplace Website Visitors / day Taobao taobao.com 196,950,000 Tmall tmall.com 86,850,000 AliExpress aliexpress.com 52,110,000 Alibaba.com alibaba.com 49,110,000 1688 1688.com 6,540,000 Ruten (Taiwan) ruten.com.tw 2,376,000 DHGate dhgate.com 2,115,000 Made-in-China* made-in-china.com 1,449,000 JD.com JD.com 1,035,000 Global Sources (Hong Kong) globalsources.com 546,000 eBay Hong Kong ebay.com.hk 450,000 DIY Trade diytrade.com 201,000 Yahoo Taiwan yahoo.com.tw 66,900 TradeTang tradetang.com 7,500
  11. 11. The Alibaba Group marketplaces Proprietary and Confidential 11
  12. 12. Other up and coming Asian marketplaces by visitor traffic Proprietary and Confidential 12 Marketplace Country Vistors/day Rakuten.co.jp Japan 22,898,400 amazon.co.jp Japan 11,162,596 eBay.com.au Australia 3,036,000 Tokopedia.com Indonesia 2,416,800 Shopee.co.id Indonesia 1,632,000 Elevenia.co.id Indonesia 1,394,400 Lazada.co.th Thailand 1,046,400 Lazada.com.my Malaysia 948,000 Mudah.my Malaysia 554,400 lazada.co.id Indonesia 372,559 Rakuten.com.tw Taiwan 316,800 Buyma.com Japan 297,840 OLX.co.id Indonesia 282,359 Sendo.vn Vietnam 179,520 Diytrade.com Hong Kong 136,800 Pantipmarket.com Thailand 95,040 Kaidee.com Thailand 81,000
  13. 13. Two examples of actual brand exposure on Indonesian sites vs. Chinese sites Proprietary and Confidential 13 Marketplace Country Brand 1 Brand 2 Tokopedia Indonesia 3,789 15,745 Shopee.co.id Indonesia 1,650 5,246 Ruten Taiwan 1,773 3,753 Alibaba China 1,636 2,020 AliExpress China 371 1,686 Taobao China 405 540
  14. 14. 2. Strategies to ensure you maximise your success with takedowns and rogue seller suspensions
  15. 15. 8 tips to maximize your success when removing infringing goods from Asian marketplaces 1. Identify patterns to help detect high volume and persistent sellers – technology can help 2. Categorise sellers offers by type of product and type of infringement - (e.g. counterfeit, grey market or legitimate) Proprietary and Confidential 15
  16. 16. Using the CSC ‘GroupBy’ facility to identify persistent / active sellers: Proprietary and Confidential 16
  17. 17. Identifying persistent/active sellers Proprietary and Confidential 17
  18. 18. 8 tips to maximize your success when removing infringing goods from Asian marketplaces 1. Identify patterns to help detect high volume and persistent sellers – technology can help 2. Categorise sellers offers by type of product and type of infringement – (e.g. counterfeit, grey market or legitimate) 3. Consider all options for takedown – trademark, counterfeit, copyright, design right – and use precise enforcement codes Proprietary and Confidential 18
  19. 19. Example of a trademark infringement Proprietary and Confidential 19
  20. 20. Example of a counterfeit offer Proprietary and Confidential 20
  21. 21. Example of a design right / patent infringement Proprietary and Confidential 21
  22. 22. 8 tips to maximize your success when removing infringing goods from Asian marketplaces 1. Identify patterns to help detect high volume and persistent sellers – technology can help 2. Categorise sellers offers by type of product and type of infringement – (e.g. counterfeit, grey market or legitimate) 3. Consider all options for takedown – trademark, counterfeit, copyright, design right – and use precise enforcement codes 4. Be careful with the documentation Proprietary and Confidential 22
  23. 23. Other things to note when submitting IPR documents Proprietary and Confidential 23 The Brand Owner’s name must match with the company name appearing on the Business Incorporation Certificate • Can be problematic when trademarks are registered with local subsidiaries and enforcement requests are sent through parent companies Registered IP rights must still be valid and showing latest details: • If name has changed- must show changed of ownership • If expired – must show renewal cert
  24. 24. 8 tips to maximize your success when removing infringing goods from Asian marketplaces 1. Identify patterns to help detect high volume and persistent sellers – technology can help 2. Categorise sellers offers by type of product and type of infringement – (e.g. counterfeit, grey market or legitimate) 3. Consider all options for takedown – trademark, counterfeit, copyright, design right – and use precise enforcement codes 4. Be careful with the documentation 5. Search in Chinese Proprietary and Confidential 24
  25. 25. Searching in Chinese can uncover otherwise hidden results Proprietary and Confidential 25
  26. 26. 8 tips to maximize your success when removing infringing goods from Asian marketplaces 1. Identify patterns to help detect high volume and persistent sellers – technology can help 2. Categorise sellers offers by type of product and type of infringement – (e.g. counterfeit, grey market or legitimate) 3. Consider all options for takedown – trademark, counterfeit, copyright, design right – and use precise enforcement codes 4. Be careful with the documentation 5. Search in Chinese 6. Personal relationships can help greatly 7. Send notices in Chinese if possible 8. Understand the site’s takedown policy and procedure - some require filling in online form Proprietary and Confidential 26
  27. 27. Alibaba Group online marketplaces • Now use a single portal for login: http://ipp.alibabagroup.com • You are then redirected to either the TaoProtect or AliProtect portals depending on the site that you wish to enforce on • For Taobao and Tmall, submit all relevant documents – Trademark/IP certificates must be registered in China and issued by the Chinese IP Office – Colour copy with clear stamp: • For use of copyright images from official website(s), a statement needs to be signed by a brand owner. Proprietary and Confidential 27
  28. 28. Single portal for login Proprietary and Confidential 28
  29. 29. IPR Manager and Taobao section Proprietary and Confidential 29
  30. 30. Alibaba/AliExpress/1688 • Login in using the same portal • Submit all relevant documents – To enforce on 1688.com, the IP documents requirements are the same as Taobao. – To enforce on Alibaba and AliExpress, US, WIPO or any other certificates are accepted Proprietary and Confidential 30
  31. 31. Alibaba/AliExpress/1688 screens Proprietary and Confidential 31
  32. 32. Taobao and Alibaba’s “Three-Strikes” rule for counterfeiters Proprietary and Confidential 32 Marketplace 1st Strike 2nd Strike 3rd Strike Taobao Deduct points Deduct points Deduct 48 points – merchant is shut down Alibaba Warning letter • Merchant is prohibited to list new products for 7 days • Current product offered are blocked for 7 days Merchant is shut down and banned from the site
  33. 33. Taobao and Alibaba’s “Three-Strikes” rule for counterfeiters • Taobao : – Any complaints submitted within 3 days for one brand will be considered as one strike – Any complaints submitted after 7 days for the same trademark will be considered as the 2nd strike – Any complaints submitted under different trademarks (different classification of goods), will not be accumulated towards the same “3 strikes”, this will be considered as a fresh new “3 strikes” process • Alibaba : – Any complaints submitted within 5 days for one brand will be considered as one strike – Any complaints submitted after 7 days for the same brand (regardless of trademarks) will be considered as the 2nd strike and so on. Proprietary and Confidential 33
  34. 34. Taobao’s “Good-faith” takedown mechanism To join: • The percentage of submitted complaints deleted must be ≥90% • The percentage of successful counter-notification must be ≤ 1.5% • The quality of the IPR documents submitted must be stable Complaints processing time: • If you joined the program, Taobao will process your complaints within 1-3 days • If you submit complaints using a normal account, they will process it within 5-7 days • If the percentage of submitted complaints deleted is < 45%, and or the successful counter-notification rate is >5%, Taobao will “require more time and effort to review the complaints” Proprietary and Confidential 34
  35. 35. Enforcement on emerging Asian marketplaces - examples Tokopedia (Indonesia) • Counterfeit & copyright infringement are the main approaches to use for takedown • Submission via email • Attachments: Business Incorporation certificate, Registration Form, Local IPR certs and links Shopee (.tw, .co.th etc): • Counterfeit is the main approach to use • Submission via email • Attachments: Local IPR certs for Taiwan (Thailand might not ask for the IPR certs, however, it is always best practice for the brand owner to have their rights registered in the local country and will be very helpful when it comes to enforcement) Proprietary and Confidential 35
  36. 36. Complement with other actions Proprietary and Confidential 36 Tertiary actions – longer term, complex procedures • UDRP/URS procedures • Complex test purchasing • Domain acquisitions • In-depth investigations • Litigation support Secondary actions – increased complexity • Registrar-level domain suspension • Registry-level domain suspension • Invalid WHOIS domain suspension • Multi-lingual enforcement notices • Law enforcement escalation • Payment gateway deactivation • Simple evidential test purchase • Patent and design rights enforcement Primary actions – quick win, low complexity • Marketplace delisting • Social media suspensions • Organic/paid search result removal • Mobile app delisting • IP/host-level content suspension • Cease and desist Increasedtimeandcost
  37. 37. Taking it further: online investigations into key marketplace sellers • History of the seller • Any associated websites • Reverse WHOIS, Reverse IP and other tracking tools to find links to other sites • Personal Information • Any links to blogs, forums and spam email • ‘Building a case' against a particular individual – providing a ‘litigation pack’, pinpointing a potential factory address • Test purchases Proprietary and Confidential 37
  38. 38. 3. Case studies on results that can be achieved
  39. 39. Case Study #1: Billabong Since May 2015 Billabong has removed more than 2 million counterfeit Billabong Group brand items from online channels, after striking a deal with CSC. CSC removes counterfeit and lookalike products from online marketplaces, fake social media pages and unauthorised websites. Its partnership with Billabong covers four of the group’s brands: Billabong, Element, Von Zipper and RVCA • For more information please go to: https://www.insideretail.com.au/blog/201 5/10/27/billabong-cracks-down-on- counterfeits/ Proprietary and Confidential 39
  40. 40. Case study #2: European Luxury Brand • Partnership with Certilogo • Out of 1,740,000 tagged and protected products... • ...16,752 consumer authentications collected from 131 countries • 5 significant offline fake production sites identified • 2,117 consumers were alerted on fake products and redirected to the authentic stores of the brand. • €280m of items removed from online marketplaces in a highly efficient way • 400 fake social media accounts removed Proprietary and Confidential 40
  41. 41. Case study #3: Major US brand Proprietary and Confidential 41
  42. 42. Case study #3: enforcements per marketplace Proprietary and Confidential 42 14,039 13,163 4,586 4,156 3,036 2,445 2,136 1,096 736 420 276 209 86 59 58 39 35 33 22 18 5 1 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 Jan – Dec Total Enforced Listings 46,646 Compliance % 90%
  43. 43. Case study #4: Kartell • Over a service duration of 12 months: • “The number of listings on Taobao has reduced from 22,000 to 1,000 listings” Proprietary and Confidential 43
  44. 44. Proprietary and Confidential 44 • We’ve shown that it’s important to keep a watch on Asian marketplaces. Make sure you have trademark, design right and/or copyright protection. • If you decide to take action on Asian marketplaces, consider focusing on the top sellers first to make the biggest impact in the shortest possible time. Use the 3 strikes rule to your advantage! • Even with the successful case studies that we have shown, we would still recommend a basic level of monitoring and takedown. This will ensure that, once you have your counterfeit problem under control, the counterfeiters stay away Conclusion
  45. 45. Thank you for listening.... ...any questions? David Franklin Irene Oh CSC +44 7747 697 681 david.franklin@netnames.com

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