DHGate TakeDown Process
NOTE! This process described below is only for registered copyright/IPR/Patent/TradeMark claims. If you are unregistered, then see at end of this page!
DHGate used to only operate takedown requests via an email submission. Their requirements were very strict and laborious. That email can be found at the end of this paragraph if you wish to follow that path. However, there are two methods to do online takedown now. The second is unfortunately riddled with necessary documents that, as a copyright holder in EU, I know are not required for takedown, but if you have these documents, then this is a good path to take. The initial path which is good, as you don’t need to register at their site to do it, is putting a claim in against a pirated copy of your work. This is the initial process at the top of this form. The takedown form can be found here for both process! If you simply want to instigate an email directly, click here!
The first part of the process and opening of the complaints link is the three yellow buttons. These give you options to the path that you should follow in order to get some resolve. I would recommend the third option, as it tends to be for patented items, such as product design, etc. Please note that Fashion is not copyrightable as it is deemed a utilitarian product. I will review the third stage at the end, but not necessary for artwork takedowns. So, on this first pane, the best initial approach is the “pirated” button.
This will lead you to this form, that is relatively short and sweet to complete. All you need is to apply an email, where you wish to receive your updates. *Warning! I have found that in the past, with China based (maybe others) sites. When you add an email to the legalised forms, they also automatically add you to the mailing list. There is no opt out option, so you will need to go through the unregister/unsubscribe options when you are hit with the first one. The next part is the actual infringing product URL or code. The code can be found some way down on the item page in the Description section, in the middle. It says Product code, and is a 9 digit number. You can also find it in the URL address field, at the end of the URL before the .html tag. Add the code or the full URL and if you have multiple, simply place a ‘,’ in-between. You then need to send them a copy of your artwork. It states ‘untreated‘. I would personally do a very small 72dpi version around 300px wide, or if not do an image and slap a watermark on it. If they question the watermark, well them, this is the reason the artwork appeared on the product in the first place, due to lack of watermark protection online.
The final part to this section is the description of your thoughts ono the infringement. Explain in polite terms the how you feel this is an infringement on your inherent IP/copyright rights. I assume that the ‘upload file’ part is for a screen shot of the infringement. I would attach a RAR file including the DMCA form, that can be generated here! Then you can press ‘Submit‘.
The second button option is a little more complicated. You first have to register if you want to submit a complaint. This is that form.
From the first pulldown menu the best option to serve our purposes is the “Brand Owner/intellectual property owner“. Almost all the form fields are mandatory apart form the mobile number. So fill them in and then tick the ‘Agreement‘ button. Be aware that the password only used numbers and letters. The phone number requires international code, and not just +, so begins 00. Once you submit you are taken to this screen.
There are a series if mandatory fields, which creates the issue (will be writing to confirm the IP documents, that are not required in EU). The first pull-down should be selected to ‘copyright‘
The second pulldown needs to be selected to your basic proximity. US, and UK are covered, but for all EU countries simply select ‘EU‘.
Fill in the rest of the fields with the appropriate legal information. The first image upload isn’t too much of an issue. It was something that occurred with Alibaba as well. However, the second creates an issue. It reads that you need to upload a document indicating the certificate of ownership of the Intellectual Property. As stated above, for EU members there is no requirement to register copyright, so effectively no certificate. There will be some research done here. For the other countries you can upload the registration of you IP, from the copyright office. Once done, you can upload images of the infringement, etc, but can simply submit. This will then be vetted. Once done you can put claims in against any future infringement you find. Good luck with that one.
This is a second option to be considered, as you don’t require a login or registration. Simply fill out all the form fields with the necessary documents as previous to first option. It doesn’t state that the items reason for dispute can be infringement of IP, but basically write in the reasons for the complain as a counterfeit product that is using your IP/Artwork. The final part, which isn’t mandatory, add a detail of where you found the item, whether through a search, was told, etc. Then I would add a RAR file that holds a screenshot and a PDF DMCA claim form, which can be generated here! OK, that’s it. Good luck!!
If you are living in the EU, there is a good chance that you haven’t registered your copyrighted artwork. Especially if you are a small time artist, who can’t afford the time and expense, so DHGate make this process a little harder and less automated. You have to do the following:
– For unregistered copyrights:
- Identification documents, such as business license of your company or IPR owner.
- Copyright claim statement (see the attachment). You need to fill out the statement and provide original images and corresponding links in the “Copyright work” section.
- Authorization letter, such as Letter of Authorization or Power of Attorney (for authorized intellectual property enforcement agent or law firm).
This would consist of a Passport for section 1, the form that needs to be completed. Which can be found here! And finally a version of this letter, here!
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