The Weixin Brand Protection Platform (hereinafter referred to as “BPP”) is dedicated to protecting the legitimate rights and interests of users and purifying the platform environment. As a neutral platform service provider, Weixin (Tencent) will cooperate with brand owners to fight against counterfeit products.
In view of the interests of third parties involved in BPP, Weixin (Tencent) formulates these Guidelines on Appeal in accordance with relevant laws and regulations to ensure that the handling process is fair and equitable and to protect the legitimate rights and interests of right owners. If you have any objection to the brand owner's complaint, you may appeal to us according to the Guidelines.
I. Appeal Process
1. Notify Weixin (Tencent)
If the appellant has any objection to the brand owner’s complaint, it should submit appeal materials as required and notify Weixin (Tencent) within five working days after receiving the account processing notice.
1) The appellant should submit a written notice to Weixin (Tencent). Click to download the notice template.
2) Way to notice Weixin (Tencent): send the scanning copies of written notice and other relevant paper evidentiary materials (subject to appellant's signature) to the following email notice_wxcou@tencent.com.
2. Requirements of Appeal Materials
1) Information and Related Materials of the Appellant
① If you are a legal entity, please provide a business license;
② If you are an individual, please provide proof of personally identifiable information, including but not limited to ID card, passport and/or Hong Kong/ Macao pass;
③ If the appellant entrusts and authorizes third party to file an appeal, it should provide the following materials in addition to the proof materials of the appellant mentioned in ① and ②
a. A power of attorney stamped with the official seal (legal entity) of the appellant or signed (individual) by the appellant;
b. If the authorized party is a legal entity, the business license of the authorized party is required;
c. If the authorized party is an individual, proof of personally identifiable information of the authorized party is required, including but not limited to ID card, passport and/or Hong Kong/ Macao pass.
2) Preliminary Evidentiary Materials
Preliminary evidentiary materials include but are not limited to:
① Proof of authorization of relevant brand owner;
② Any identification result or evidentiary materials issued by authoritative organization (such as customs declarations, inspection and quarantine certificates of imported goods, ordering contracts, supply channels certificate, special value-added tax invoices, ordinary invoices, tax payment certificates or other materials to prove the proper sources and channels of the goods).
If you do not provide preliminary evidentiary materials, the appeal may not be accepted.
3. Notes
1) The appellant in the Guidelines refers to a person who is complained by a brand owner for posting counterfeit products information via Weixin.
2) In order to ensure the authenticity and validity of the materials provided by the appellant, the original copy of written notice and relevant evidentiary materials shall be provided in principle. If the originals are not available, the photocopies (with signature and stamp of the right holder) should be provided. Any foreign-related material shall be notarized in accordance with the relevant laws and regulations. At the same time, the appellant shall provide the corresponding notarized materials.
II. Feedback
As a neutral platform service provider, Weixin (Tencent), upon receiving the notice conforming to the Guidelines from the appellant, will process the appeal in accordance with relevant laws and regulations and forward the appellant’s notice to the brand owner in circumstances complying with the requirements of the laws and regulations.
If the brand owner objects the appeal of the appellant, Weixin (Tencent) will forward relevant evidentiary materials provided by the brand owner to the appellant. If the appellant disagrees with the opinions and relevant materials provided by the brand owner, Weixin (Tencent) recommends the appellant to solve the problem directly with the brand owner through administrative relief, litigation and/or other ways. If the appellant has any new evidentiary material that could fully reverse the views of the brand owner, it may also provide them to Weixin (Tencent).