Protection of rights

Baidu, as the world's leading Chinese search engine, provides Chinese search services to the vast number of netizens based on the global Internet. According to the user's own instructions, Baidu's search engine system will automatically generate links to third-party web pages in a non-manual search way, so that users can find and use various documents, materials and other content on third-party web pages. "Baidu" itself does not store, control, edit or modify the content of the information posted, stored, edited or displayed on the linked third party web pages (including but not limited to the form of text, pictures or music) or its expression.

Baidu always attaches great importance to intellectual property protection and complies with all intellectual property laws, regulations and binding normative documents in China. Attach importance to the genuine edition and crack down on piracy. According to the requirements of laws, regulations and normative documents, Baidu has formulated measures and steps aimed at protecting the legitimate rights and interests of the right holder. When the right holder finds that the content of the third party web page pointed to by the link generated by Baidu infringes its legitimate rights and interests, the right holder shall send a "Notice of rights" to Baidu in advance. Baidu will take measures to remove relevant content or block relevant links in accordance with Chinese laws and regulations and government regulatory documents.

Specific measures and steps are as follows:

Notice of rights

Any individual or organization meets both of the following conditions:

(1) The right holder finds that the network user infringes its legitimate rights and interests by using the network service;

2. Baidu's search engine system infringes the legitimate rights and interests of the above-mentioned right holders by automatically searching the content linked to third party websites.

The above individuals or units must submit the notice of rights to Baidu in written communication.

Please note: If the statement of the notice of rights is untrue, the submitter of the Notice of Rights will be liable for all legal liabilities (including but not limited to compensation of costs and attorney's fees). If the above individuals or units are unsure whether the information available on the Internet infringes their legitimate rights and interests, Baidu recommends that the individuals or units first consult professionals.

In order for Baidu to effectively process the rights notice of the above individuals or units, please use the following format (including the serial number of each clause) :

1. The right holder has trademark rights, Copyrights and/or other ownership proof that the rights can be exercised according to law in respect of the allegedly infringing content;

2. Please fully and clearly describe the content that is believed to have violated the legitimate rights and interests of the right holder, and please provide the third party website where the work is illegally published.

3. Please specify which content of the alleged infringing web page infringes the legitimate rights and interests of the right holder listed in Item 2.

4. Please provide specific contact information of the right holder, including name, copy of ID card or passport (for natural person), copy of registration certificate (for unit), correspondence address, telephone number, fax and E-mail.

5. Please provide the location of the alleged infringing content on the information network (such as indicating the source of the infringing content you reported, that is, the web address or the location within the web page) so that we can contact the owner/manager of the web page containing the infringing content you reported.

6. Please include in the notice of rights the following statement regarding the authenticity of the content of the notice:

  • "I am the rightful owner of the complaint;
  • The content posted on the website of the third party I reported infringes on my corresponding legitimate rights and interests.
  • I confirm: if the content of this notice of rights is not completely true, I will bear all legal responsibilities arising therefrom."

7. Please include the following statement in the notice of rights: "I warrant that the information described in this notice is full, true and accurate and that I am the legal owner of the content complained of, or that I have been authorized to exercise the rights to the content set out in paragraph 2."

8. Please sign the document, or stamp your official seal if you are a legally established institution or organization.

Please send the above information and contact information in writing to the following address: Legal Department of Beijing Baidu Network Communication Technology Co., LTD., No. 10 Shangdi 10th Street, Haidian District, Beijing 100085

In order to shorten the processing time of your notice, please attach a CD or U disk containing the URL address of the infringement in the electronic version when you mail the relevant materials of the paper copy of the Notice of Rights. If it is related to copyright infringement complaints, you can choose in baidu copyright protection platform (http://copyright.baidu.com/) undertake unity complaints.

Counter notification

If Baidu removes the relevant content or link according to the aforesaid notice, the content provider of the removed content or the owner/manager of the website with the link removed may send a counter-notice to Baidu in accordance with the law that the removed content does not infringe on copyright or other legitimate rights and interests. After the counter-notice is issued, Baidu may restore the removed content or links, and shall not be liable for such restoration according to law.

Please be sure to submit the "Counter-Notice" to us in writing (fax or mail) (unless previously agreed by Baidu, do not use E-mail to submit notice). Please note: If your "counternotice" statement is untrue, you will be liable for all legal liabilities (including but not limited to compensation of various costs and attorney's fees). If you are unsure whether information available online infringes the rights of others, we recommend that you consult a professional first.

In order for us to process your notice of objection, please use the following format (including the serial number of each clause) :

Any individual or organization meets both of the following conditions:

1. Please indicate the information or content removed by Baidu and its URL.

2. Proof of the legality of the removed content, including but not limited to proof that you have copyright or other legitimate rights and interests in the removed Content or that you can legally use the work or the content.

3. Please provide specific contact information, including name, copy of ID card or passport (for natural person), copy of organization registration certificate (for organization), correspondence address, telephone number, fax and E-mail.

4. Please include in the counter-notice the following statement regarding the authenticity of the contents of the counter-notice:

  • "I am the legal owner of the work/content;
  • I have the right or have been authorized to provide or post the above removed information or content.
  • I confirm: if the content of this "counter-notice" is not completely true, I will bear all legal responsibilities arising therefrom."

5. Please include the following statement in the counter notice: "I warrant that the information set forth in this counter notice is full, true and accurate, that I am the legal owner of the work/content, or that I am authorized or legally permitted to use the work/Content set forth in Item 2."

6. Please sign the document. If you are a legally established institution or organization, please affix your official seal.

Please send the above information and contact information in writing to the following address: Legal Department of Beijing Baidu Network Communication Technology Co., LTD., No. 10 Shangdi 10th Street, Haidian District, Beijing 100085

In order to shorten the processing time of your notice, please attach a CD or U disk containing the URL address of the infringement in the electronic version when you mail the relevant materials of the paper copy of the Notice of Rights. If it is related to copyright infringement complaints, you can choose in baidu copyright protection platform (http://copyright.baidu.com/) undertake unity complaints.

Notice to Right Holders

As the world's leading Chinese 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):

1. 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;

2. 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.

3. Identify the material that you claim is infringing the legitimated right listed in Item 2 above.

4. 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.

5. 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 ).

6. Include the following statements in the Infringement Notice:

  • "I am the right holder or am authorized to exercise the right;
  • My legitimate right are infringed by content on the allegedly infringing web pages; and
  • I confirm that if the statements in the Infringement Notice are not true, I will be legally liable for such misrepresentation."

7. 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."

8. Sign the paper. If you are an entity or an organization established in accordance with laws, please chop your official stamp on the paper.

Send above mentioned materials and contact information in writing to the following address: Baidu.com No.10.10 th Street, Shangdi, Haidian District, Beijing 100085 PRC

Attn: Legal Department

In order to shorten the processing time, of you notice please send paper version of the right to inform relevant material attached with electronic involving infringement URL CD or USB stick.

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):

1. Identify the information, content or the websites that Baidu has removed.

2. 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.

3. 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.

4. Include the following statements in the Counter Notice:

  • "I am the right holder or am authorized to exercise the legitimate right;
  • I have rights to or I have been authorized to provide or post the information or content which has been removed; and
  • I confirm that if the statements in the Counter Notice are not true, I will be legally liable for such misrepresentation."

5. 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."

6. Sign the paper. If you are an entity or an organization established in accordance with law, please chop your official stamp on the paper.

Send above mentioned materials and contact information in writing to the following address: Baidu.com No.10.10 th Street, Shangdi, Haidian District, Beijing 100085 PRC

Attn: Legal Department

In order to shorten the processing time, of you notice please send paper version of the right to inform relevant material attached with electronic involving infringement URL CD or USB stick.