Self-Regulatory Mechanisms of Online Platforms Against Counterfeiting: A Case Study of Alibaba

The growth of China’s digital economy has heightened the risks of intellectual property (IP) infringement, particularly the proliferation of counterfeit goods on e-commerce platforms. Traditional state-led enforcement mechanisms face limitations due to jurisdictional complexity, transaction volume, and the speed of online commerce. In response, Chinese legislation, most notably the Trademark Law and the 2019 E-Commerce Law, has defined clearer responsibilities for online platforms, mandating procedures such as notice-and-takedown, proactive monitoring, and the adoption of “necessary measures”. This thesis examines Alibaba as a case study of how self-regulatory frameworks operate within these legal parameters. It analyzes the platform’s initiatives, including the Intellectual Property Protection Platform (IPP), the Good Faith Program, and hybrid dispute resolution systems integrating online mechanisms and court collaboration. Judicial interpretations of key legal doctrines, such as the Safe Harbor and Red Flag rules, are also assessed to illustrate how statutory obligations translate into operational standards for platforms. Findings indicate that Alibaba’s governance model extends beyond legal compliance, embedding technological tools and corporate procedures to strengthen IP protection. However, challenges remain regarding consistency of enforcement, balancing seller rights with brand protection, and the fragmented nature of judicial interpretations. Looking forward, the integration of artificial intelligence into monitoring and enforcement systems promises to increase efficiency and detection accuracy, while raising questions about accountability and due process.