Enforcement Actions for Intellectual Property Rights Infringements
Intellectual Property Rights Infringements
Users on eWorldTrade.com must not conduct any intellectual property rights infringements on eWorldTrade.com. Types of infringements include:
1. General infringements:
- a. Unfair use of trademark rights, copyrights or other rights in product descriptions, store names or hyperlinks;
- b. Unfair use of trademark rights, copyrights or other rights for offering for sale or sale of products; or
- c. Publishing product descriptions or other information that may cause confusion, misrepresentation, or other circumstances.
2. Serious infringements:
- a. Without the authorization of the copyright owner, reproduce his/ her work for offering for sale or sale, including printed materials, audio and visual recordings or software etc.; or
- b. Without the authorization of the registered trademark owner in the country of origin or the licensee of the owner, offer for sale or sell his/her products.
Penalties of Intellectual Property Rights Infringements
1. General infringements:
Reasons for Removal |
Penalty Points |
Calculation of Penalty Points |
|---|---|---|
Complaint by IPR Owner |
6 penalty points incurred per complaint |
Note: The first complaint will not incur any penalty points, all complaints based on the same intellectual property right received within 5 days upon the first complaint shall be counted as one complaint. Any subsequent complaints received from the sixth day upon the first complaint shall incur 6 penalty points per complaint, and multiple complaints based on the same intellectual property right received within a day shall be counted as one complaint. The relevant time is calculated from the time when the complaint is received. |
Listings removed by eWorldTrade.com on random check |
Each listing removal shall incur 2 penalty points to a maximum of 6 points per day. |
When the general infringement is a serious one, each listing removal may incur 4 penalty points to a maximum of 12 points per day. |
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The term “complaint” herein refers to a complaint that is successful, including circumstances where a complaint is filed but no counter-notice is submitted by the user within the specified time limit, or where the counter-notice submitted by the user is rejected. Refer to Rules for Enforcement Actions against non-compliance on eWorldTrade.com for the standards of corresponding points-based enforcement action (unless otherwise specified, the penalty points are cumulative on eWorldTrade.com). |
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2. Serious infringements:
Number of Strikes | Enforcement |
First Strike | Restriction for 7 days |
Second Strike | Restriction for 14 days |
Third Strike | Account termination |
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Notes: 2. The term “complaint” herein refers to a complaint that is successful, including circumstances where a complaint is filed but no counter-notice is submitted by the user within the specified time limit, or where the counter-notice submitted by the user is rejected. 3. Except for the terminated accounts caused by 3 strikes, the user receiving a strike is required to pass the intellectual property rights tutorial and examination every time. The user who passes the examination can recover its account to normal status upon the end of the restriction term. 4. The strike caused by serious infringement is recorded for 365 days. The number of strikes is cumulative in a 365-day rolling basis. 5. eWorldTrade.com reserves the right to terminate membership agreement or service agreement, membership account and any and all accounts determined to be related to such an account by eWorldTrade.com unilaterally in its discretion and/or to implement other measures that eWorldTrade.com considers appropriate, should a user be found committed in very serious infringement or investigated by judiciary/enforcement authorities with respect to suspected infringements. |
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3. Miscellaneous:
a. eWorldTrade.com reserves the right of final interpretation and decision regarding the above and all relevant terms.
b. eWorldTrade.com reserves the right to amend these rules due to amendments to laws and regulations, changes in business environment or other reasons and will announce the same. The amended version of these rules will come into force as of the date specified in the announcement.
c. These rules are an integral part of the rules on eWorldTrade.com. In case of any inconsistency between these rules and the other rules on eWorldTrade.com, the rules in this document shall prevail. For any matters not covered herein, the other rules on eWorldTrade.com shall apply.
