Notice to Right Holders
Notice to Right Holders
As the largest Chinese language search engine, Baidu provides Chinese language search services over the Internet. According to search instructions from Internet users, Baidu’s search engine system will automatically generate links to web pages of third parties through our algorithmic technology. This will enable Internet users to find and use content (such as files and materials) on web pages of third parties. Baidu does not store, control, edit or modify the content or the form of presentation of any information (including, without limitation, the information presented in the form of texts, pictures or music) posted, stored, edited, or displayed on web pages of third parties.
It is Baidu’s policy to attach great importance to the protection of copyright and comply with all the applicable PRC laws, regulations and binding measures pertaining to copyright. Baidu advocates copyrighted works and fights against piracy. Pursuant to the applicable PRC laws, regulations or binding measures, Baidu has formulated procedures and measures necessary to protect the legitimate interests of right holders. If a right holder finds infringing content on third parties’ web pages linked by Baidu’s search service, he/she must file first a notice of infringement with Baidu. Baidu will remove relevant links in accordance with the applicable PRC laws, regulations and binding measures.
Procedure and measures are as follows:
Infringement Notification
If (i) the right holder finds that the web users infringed his legitimate rights and interests through internet and (ii) such right is infringed by content posted on third parties’ website connected with links automatically generated by Baidu’s search engine system, such individual or entity may file a notice of infringement with Baidu.
To file a notice of infringement with us, you must provide a written communication.
Please note that you will be liable for damages (including costs and attorneys' fees) if you make any misrepresentation in the Infringement Notice. If you are not sure whether material available online infringes any of your legitimate right, we suggest that you first contact a relevant professional.
To expedite our ability to process your request, please use the following format (including section numbers):
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Provide materials evidencing that you have right of trade mark, copyright or other legitimate right you are authorized to exercise of the allegedly infringing content;
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Identify in sufficient detail and clearly the content of which the protected legitimate right that you believe have been infringed and the websites that contain the infringing content.
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Identify the material that you claim is infringing the legitimated right listed in Item 2 above.
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Provide detailed contact information of the Rights Holder, including name, a copy of the identity card or the passport (if an individual), a copy of the entity registration certificate (if an entity), address, telephone number, fax and email address.
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Provide location of infringing content on the Internet (for example, the source of allegedly infringing content, i.e. the website or location in the webpage) to permit us to notify the owner/administrator of the web page that allegedly contains infringing content).
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Include the following statements in the Infringement Notice: "(i) I am the right holder or am authorized to exercise the right; (ii) My legitimate right are infringed by content on the allegedly infringing web pages; and (iii) I confirm that if the statements in the Infringement Notice are not true, I will be legally liable for such misrepresentation."
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Include the following statement in the Infringement Notice: "I represent that the information in this Infringement Notice is sufficient, true and accurate and that I am the right holder or am authorized to exercise the legitimate right specified in item 2 of this Infringement Notice."
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Sign the paper. If you are an entity or an organization established in accordance with laws, please chop your official stamp on the paper.
Please send the above-mentioned materials and your contact information in writing to the following address:
Baidu Campus
No. 10, Shangdi 10th Street,
Haidian District,
Beijing 100085,
People's Republic of China
Attn: Legal Department
Counter Notification
If Baidu removes relevant content or links at issue according to an Infringement Notice, the provider of removed content or the owner/administrator of an affected site may file a counter notification with Baidu. When we receive a counter notification, we may reinstate the content or links in question and we disclaim any liabilities arising from such reinstatement.
To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement. Please note that you will be liable for damages (including costs and attorneys' fees) if you make any misrepresentation in the Counter Notice. Accordingly, if you are not sure whether certain content infringes the rights of others, we suggest that you first contact a relevant professional.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
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Identify the information, content or the websites that Baidu has removed.
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Provide materials evidencing that legitimacy of removed content, including, without limitation, materials evidencing that you have right or are authorized to exercise right of the removed content.
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Provide detailed contact information, including name, a copy of the identity card or the passport (if an individual), a copy of the entity registration certificate (if an entity), address, telephone number, fax and email address.
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Include the following statements in the Counter Notice: "(i) I am the right holder or am authorized to exercise the legitimate right; (ii) I have rights to or I have been authorized to provide or post the information or content which has been removed; and (iii) I confirm that if the statements in the Counter Notice are not true, I will be legally liable for such misrepresentation."
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Include the following statement in the Infringement Notice: "I represent that the information in this Counter Notice is sufficient, true and accurate and that I am the right holder or am authorized to exercise the legitimate right specified in item 2 of this Counter Notice."
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Sign the paper. If you are an entity or an organization established in accordance with law, please chop your official stamp on the paper.
Please send the above-mentioned materials and contact information in writing to the following address:
Baidu Campus
No. 10, Shangdi 10th Street,
Haidian District,
Beijing 100085,
People's Republic of China
Attn: Legal Department