Accompanying document 1

Effectiveness Verification Implementation Method(Verification implemented in fiscal 2019 and January 2020)
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 6 to 24 in 2020,

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-Fleama jp-KANTE (KOMEHYO flea market app)
-PayPay Fleama
KANTE may be excluded from verification of copyright
prevention due to characteristics of their products which aremainly second-hand goods.
This will not preclude conducting a voluntary fact-finding
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survey on any other services in the CtoC markets, shopping
malls and the BtoB (business-to-business) marketplaces.
Verification Items:Relevant organizations and companies will decide which of
their goods should be verified. However, they are to select thegoods where a fixed-point, long-term verification is possible.
This is because the same goods have to be verified in all
CtoC markets and a similar verification is necessary in thefuture as well. This will 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 betaken 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
is unavoidable to release some information such as “a wellknown 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 thenumber of infringing goods and acts of infringements by theverification parameter.
Example: If 10 infringing goods are found among 100 items,
the infringement rate will be 10%.
If the number of goods for verification at the CtoC marketsexceeds 100, the verification parameter will be 100. In thiscase, the top 100 items in a search list (such as a list ranked
by remaining time or a randomly created list) will be verified.

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Note: In order to compare and analyze the verification results
every year and adopt equal conditions, those who verify
should try to use a list ranked by timing of the offer made withthe oldest one coming as near to the top and to verify the first
100 items from the list.
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 orexhibits of goods that infringe when they are deemed to be
infringing copyrights and/or trademarks based on onscreen texts or images and, at the same time, Rights
Holders have to be able to make suspension requests toCtoC 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 attached
Excel spreadsheet.
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 (when checked against the Guidelines, etc.)that would allow CtoC operators to remove them asinfringing goods but have characteristics as in thefollowing: (1) Goods which are deemed to have infringed3

a copyright or trademark as a result of appraisal of onscreen texts and images by Rights Holders and if theRights Holders make a request for removal, CtoC
operators can take action for removal (“Infringing Goods
Without Notice”), or (2) goods which are deemed aswithout doubt being infringing goods if the Rights
Holders purchase and appraise the goods based on
various pieces of information (“Goods With a HighProbability of Infringement”).
If any issues of concern arise in the course of verification, it
can be 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 checkedagainst the Guidelines. Therefore, they may not be the ones
with a high probability of infringement, but it is assumed thatillegal acts or rights-infringement acts have been committed.
Recording

Recording of the verification findings is voluntary. However, it

Method:is required to keep a record deemed as a reasonable proof toshow to third parties that the verification results are based on
actual work done.
Note: 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 thechief of the Rights Holders’ side of the committee by January
28, 2020.

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