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Effectiveness Verification Implementation Method(Verification implemented in fiscal 2018 and January 2019)
This effectiveness verification is conducted to find out the continuous effectiveness of
infringement prevention measures taken in the CtoC (consumer-to-consumer) markets
on the Internet such as auction and flea markets (from here on referred to as “CtoCmarkets”) by numerically measuring how many infringing goods and infringements
currently exist in the CtoC markets.
Description
Date andAny one day during the period from January 7 and 25 in 2019,

Frequency of

regardless of time and day of the week. This will not preclude

Verification:verification more than once during this period.

Services:

Auction-Yafuoku!
-Mobaoku!
Flea markets-mercari-Rakuma-Shoppies-Yafuoku! (flea market mode)-Fleama jp-KOMEHYOThis will not preclude conducting a voluntary fact-finding survey
on any other services in the CtoC markets, shopping malls andthe BtoB (business-to-business) marketplaces.

Verification Items:

Verifying organizations and companies will decide which goods
should be verified. However, they are to select the goods withwhich a fixed-point, long-term verification is possible. This is1

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because the same goods have to be verified in all CtoC markets
and a similar verification is necessary in the future as well. Thiswill not prevent them from choosing goods which are different
from those in the previous fiscal year.
In addition, the popularity of the item in the market will be taken
into account when choosing the goods for verification.
Attention: Names of companies or brands which are related tothe chosen goods do not have to be made public. However, it isunavoidable to release some information such as “a well-known
U.S. maker of spreadsheet business software” etc. Therefore, it
is better to get consent from relevant companies beforehand.
Methodology:

The effectiveness rate will be calculated by dividing the numberof infringing goods and acts of infringements by the verification
parameter.
Example: If 10 infringing goods are found among 100 items, theinfringement rate will be 10%.
If the number of offered goods exceeds 100, the verification
parameter will be 100. In this case, the top 100 items in a search
list (such as a list ranked by remaining time or a randomlycreated list) will be verified.
To be considered: however, in order to adopt equal conditions,those who verify should try to use a list ranked by timing of theoffer made with the oldest one coming as near to the top and toverify the first 100 items from the list. Also, using the list ranked
by the oldest offer at the top and (1) verifying the first 100 itemsof this list, (2) those who verify will not be prevented fromchecking the first 100 items from a list with new ones near to thetop. In this case, verifiers should clarify which methods they
have used for (2).

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In spite of the foregoing, if the number of verification items atCtoC markets exceeds 100, verifying more than 100 items will
not be precluded.
Judgment Criteria:

Any items that should be counted as infringing goods or exhibitsof goods that infringe when they are deemed to be infringing
copyrights and/or trademarks based on on-screen texts orimages and, at the same time, Rights Holders have to beable to make suspension requests to CtoC market
operators. Information on screen includes not only those listed
in searches but also information on individual good’s screens.
If a selected item infringes both a copyright and a trademark, it
will be counted as an infringement of either of them.
The nature of the infringement will be indicated in the attachedspreadsheet.
Note: Any items which may violate the Unfair Competition
Prevention Act will not be counted because we cannot make adefinitive judgment due to the nature of the Act.
However, the following goods' data will be counted separatelyfrom the above data. These are the goods that have no direct
grounds for infringement in the provided information (whenchecked against the Guidelines, etc.) that would allow CtoC
operators to remove them as infringing goods but havecharacteristics as in the following: (1) Goods which are
deemed to be have infringed a copyright or trademark as aresult of appraisal of on-screen texts and images by Rights
Holders and if the Rights Holders make a request forremoval, CtoC operators can take action for removal(“Infringing Goods Without Notice”), or (2) goods which are
deemed as without doubt being infringing goods if theRights Holders purchase and appraise the goods based on
various pieces of information (“Goods Having a High3

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Probability of Infringement”).
If any issues of concern arise in the course of verification, it canbe indicated in the margin by using a special note.
For example, there are some goods for which removal requests
may not be issued as infringing goods when checked against theGuidelines. Therefore, they may not be the ones with a highprobability of infringement but it is assumed that illegal acts orrights-infringement acts have been committed.
Recording Method:

Recording of the verification findings is voluntary. However, it isrequired to keep a record deemed as a reasonable proof
showing to third parties that the verification results are based on
actual work done.
Remark: Proofs showing that the verification is implemented
should be kept on hand by the verifier.

Reporting Method:

Fill out the attached Excel spreadsheet and submit it to the chiefof the Rights Holders’ side of the committee by January 28,
2018.

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