JD.HK Management Rules for Selling Counterfeit Commodities

1. Serious violations

Selling counterfeit commodities: refers to the sale of counterfeit and pirated commodities by merchants, including suspected sale of counterfeit commodities and confirmed sale of counterfeit commodities. To protect the rights and interests of consumers, JD.HK Open Platform is entitled to take market control measures (including but not limited to screening stores, removing illegal commodities from shelves, limiting the release of commodities, publicizing warnings, closing stores, etc.) against the merchants suspected of violations based on the severity of the circumstances, and has the right to take market management measures against its associated stores.

1.1 Being suspected of selling counterfeit commodities: Being suspected of selling counterfeit commodities or pirated commodities is considered as a serious violation. For the first time found that the merchant is suspected of selling counterfeit commodities, pirated commodities, and identified as serious circumstances, 25 points will be deducted and the relevant commodities will be removed from the shelves. For the second time found that the merchant is suspected of selling counterfeit commodities, and identified as particularly serious circumstances, 50 points will be deducted, the commodities of the whole store will be removed from the shelves, moreover, the store will be screened within 7 days; For the third time found that the merchant is suspected of selling counterfeit commodities, pirated commodities, and identified as  extremely serious circumstances, 100 points will be deducted. In addition to the above, JD.HK has the right to deal with its affiliated stores according to the relevant rules based on the violations of the merchant.

1.2 If it is determined that counterfeit commodities are sold, 100 points will be deducted each time, and the merchant's affiliated store will be punished in accordance with relevant rules.

Click to view the original text of the Management Rules for Merchant Violation Points of JD.HK Open Platform

1. What is the scope of identifying counterfeit and pirated commodities?

1.1 The act of selling counterfeit or pirated commodities by a merchant recognized by the judicial or administrative organ. For example, people's courts at all levels have determined that merchants sell counterfeit or pirated commodities through judicial documents such as judgments, or administrative organs such as industry and commerce, copyright, patent, and customs have determined that merchants sell counterfeit or pirated commodities through administrative documents such as administrative treatment.

1.2  Approved as counterfeit or pirated commodities by the Obligee or his authorized agent, and an Identification Report is issued. For example, the commodities of the merchant sampled by JD.HK are identified as fake by the Obligee or his authorized agent, and an Identification Report is issued.

2. What is the scope of suspected sale of counterfeit / pirated commodities?

2.1 The merchant sells the commodities not produced by the Obligee and not produced by the authorized entity;

2.2 The following circumstances are sufficient to confirm that a merchant is suspected of selling counterfeit / pirated commodities: the commodities sold by the merchant have complained to JD.HK platform/media/industry organizations/government authorities for many times by consumers on the ground of "counterfeit / pirated commodities", and through the verification of the platform, it is found that the commodities belong to the common purchase channel with the other stores confirmed to sell counterfeit commodities; or other acts that are strongly related to the suspected sale of fake commodities.

3. How does the platform discover the behavior of "selling counterfeit commodities"?

The discovery channels of the platform include but are not limited to random inspection by JD.HK, media reports, information from judicial and administrative organs and departments, and feedback from other complaints. Other complaint feedback includes but is not limited to: complaints from obligees, complaints from consumers' rights protection, and feedback from complaints from other channels.

4. What does the associated store of a merchant mean?

The associated stores of a merchant refer to the stores with associated relationship, including but not limited to: stores created in the name of associated persons; stores of the same business entity; stores with different business entities but with the same legal representative and investment relationship; or identified stores operated by the same actual controller through technical means.

Supplementary Provisions:

1. Any conduct of the merchant of JD.HK Open Platform, which happened before the effective date of the Management Rules, shall be subject to the rules effective at that time. Any such conduct arising after the effective date of the Management Rules, the Rules shall govern.

2. JD.HK may adjust the Management Rules at any time according to the platform operation and disclose such adjustment to the merchants in the form of announcement on JD.HK Open Platform. By settling on JD.HK Open Platform, the merchants acknowledge that they accept the Management Rules that will be adjusted and issued from time to time.

3. The merchant shall comply with national laws, administrative regulations, rules of authorities and other normative documents. The Rules shall be applicable to any alleged breach of national laws, administrative regulations, rules of authorities and normative documents, if such breach is stipulated therein. Any matters uncovered in the Rules shall be handled by JD.HK Open Platform at its discretion. But JD.HK Open Platform's handling of the merchants does not exempt them from the legal liability they should bear. Any conduct of the merchants on JD.HK shall also be subject to the agreements signed with JD.HK and its affiliates. Any default shall be deemed as a breach of the Rules.

4. The Rules were revised on August 31, 2020 and took effect on September 7, 2020.

Welcome every merchant to provide us with suggestions on platform rules, you can send an email to guize@jd.com. Thanks!