1. Intellectual Property Rights Protection Policy and Infringement Complaints
This document outlines Furnitureinchina.com's procedures for dealing with notification
of alleged infringements ("Infringement Complaint") relating to intellectual
property rights ("IPR") by users of
www.furnitureinchina.com ("Users").；
Furnitureinchina.com has established these procedures to facilitate the co-operation
between Furnitureinchina.com and Users.；
Furnitureinchina.com is not an arbiter or judge. In carrying out any action instigated
by Users in respect of IPR, Furnitureinchina.com does not intend to make any decisions
on whether such IPR are valid and subsisting. Conversely, should Furnitureinchina.com
decide not to carry out any action in respect of an Infringement Complaint, Furnitureinchina.com
is not endorsing the display or sale of such goods on
www.furnitureinchina.com
2. Our Handling of Infringement Complaints
Where a User has infringed the IPR of another User, the User alleging the infringement
(the "Complainant") may proceed to initiate an Infringement Complaint
against the alleged infringer (the "Alleged Infringer").
Upon receiving an Infringement Complaint, Furnitureinchina.com shall require the
Complainant to complete and sign a prescribed complaint form as attached to Schedule
2 (the "IP Complaint Notice").
The Complainant must also provide Furnitureinchina.com with all the necessary documentation
and other relevant information in accordance with clause 3 below (the "Relevant
Information") so that Furnitureinchina.com can adequately deal with the Infringement
Complaint.
Furnitureinchina.com shall deal with the Infringement Complaint in accordance with
the procedure as set out at Schedule 1 hereto (the "Procedures").
Furnitureinchina.com reserves the right to amend the Procedures from time to time.
3. Relevant Information
In accordance with clause 2.3 above, the Relevant Information shall include, inter
alia, the following documentation and information in respect of the Infringement
Complaint.
Evidence of the Complainant's IPR ownership of the product or matter whose IPR are
alleged to have been infringed (the "Infringed Product"):
In the case of copyright, this would include: registration certificates, evidence
of the original creation, initial publication and the Complainant's ownership of
copyright in the Infringed Product.
In the case of trademark rights, this would include: the certificate of trademark
registration and other relevant documents issued by the applicable authorities in
the Relevant Territory (as defined in clause 4 below) relating to the Infringed
Product.
In the case of patent rights, this would include: the certificate of patent grant
(complete with all relevant claims, specifications and drawings), and other relevant
reports, issued by the applicable authorities in the Relevant Territory (as defined
in clause 4 below) relating to the Infringed Product.
In the case of registered design, this would include: certificate of registration
of design issued by the applicable authorities in the Relevant Territory (as defined
in clause 4 below) relating to the Infringed Product.
Any other evidence that Furnitureinchina.com may require depending on the specific
facts of the case. For the avoidance of doubt, Furnitureinchina.com shall have the
sole and absolute discretion to determine what shall constitute appropriate evidence
of the Complainant's ownership in the Infringed Product.
Certificate of due incorporation or registration of the Complainant company (where
applicable).
Evidence of the infringement complained of in the Infringement Complaint including,
but not limited to,photographs, samples, brochures, sales contracts and invoices.
Any pending litigation with the alleged Infringer in relation to the subject matter
complained of. If applicable and available, legally valid and binding evidence (either
originating from or legally recognised in the Relevant Territory) that the relevant
activities concerned have infringed the Complainant's intellectual property right(s).
Such other relevant document as Furnitureinchina.com may require.
4. Relevant Territory
Furnitureinchina.com appreciates that many traders on the business-to-business ("B2B")
platform reside or have registered their offices in various countries.
For the purpose of this Policy, "Relevant Territory" shall mean the country
/ region where (i) the alleged infringement takes place or is likely to take place;
(ii) the goods are manufactured; or (iii) the goods are sold.
5. Indemnity
Furnitureinchina.com does not have the power or duty to verify the identities of
each individual user, subject matter complained of or the source of these goods.
By initiating an Infringement Complaint and asking Furnitureinchina.com to take
action in accordance with this Policy in respect of the Infringement Complaint,
the Complainant agrees to indemnify Furnitureinchina.com against all claims or damages
arising howsoever from Furnitureinchina.com 's actions in respect of all matters
in connection with this Policy.
PROCEDURE
Presentation of the Infringement Complaint
Those wishing to present an Infringement Complaint should complete the IP Complaint
Notice: and send it to Furnitureinchina.com at
service@furnitureinchina.com with the Relevant Information.
Complainants should particularise the suspected infringing product(s) in as much
detail as possible in order to help Furnitureinchina.com to evaluate the Infringement
Complaint as effectively as possible.
If the Complainant is an agent or a branch/subsidiary company for the owner of the
IPR with which the Infringement Complaint is concerned, such Complainant must provide
a certified copy of a power of attorney executed by the said owner of the IPR in
addition to the above documents.
Investigations in respect of the Infringement Complaint
If the Complainant refuses or fails to satisfactorily complete and sign any complaint
form prescribed by Furnitureinchina.com, or if, in Furnitureinchina.com 's sole
and absolute opinion, any of the Relevant Information provided to Furnitureinchina.com
are or appear to be incorrect, incomplete, invalid, inapplicable, unsatisfactory
or insufficient, Furnitureinchina.com reserves the right to refuse to handle the
Infringement Complaint unless and until the IP Complaint Notice has been satisfactorily
completed and signed and all further clarification, details or documents requested
by Furnitureinchina.com are provided to Furnitureinchina.com by the Complainant.
Furnitureinchina.com shall conduct investigations in relation to the Infringement
Complaint to ascertain the merits of the Infringement Complaint based upon the Relevant
Information provided by Complainant.
Upon receipt of the IP Complaint Notice, Furnitureinchina.com will evaluate the
Infringement Complaint.
Upon the provision of the IP Complaint Notice, the Relevant Information and all
other documents which Furnitureinchina.com may require for the evaluation of the
Infringement Complaint to Furnitureinchina.com, Furnitureinchina.com shall serve
the IP Complaint Notice to the Alleged Infringer.
The Alleged Infringer will be given three full working days to rebut the claims
of the Infringement Complaint in writing to Furnitureinchina.com at
service@furnitureinchina.com.
Action by Furnitureinchina.com
Should the Alleged Infringer fail to respond satisfactorily and rebut the claims
of the Infringement Complaint within three working days, Furnitureinchina.com shall
remove the alleged infringing information referred to in the IP Complaint Notice.
Notwithstanding clause 9 of Schedule 1 above, Furnitureinchina.com may take any
such action as it deems necessary, including inter alia removing any such information
relating to the Infringement Complaint from
www.furnitureinchina.com as it deems appropriate.
Furnitureinchina.com reserves the right to terminate its relationship with any Users
against whom an Infringement Complaint has been filed [more than TWO (2) times in
any given calendar year regardless of the outcome of such Infringement Complaints].
Appeals following action by Furnitureinchina.com
Where the Alleged Infringer rebuts the claims in the IP Complaint Notice, and provides
appropriate grounds (with supporting evidence) for rejecting the claims contained
in the Infringement Complaint, Furnitureinchina.com shall be entitled, at its sole
and absolute discretion, to carry out the following:
Resume displaying information has been removed pursuant to an Infringement Complaint；
Where Furnitureinchina.com has taken any other action against the Alleged Infringer,
Furnitureinchina.com shall, at its sole and absolute discretion determine the most
appropriate recourse to be taken.
Where a Complainant would like to persist in asserting his claims based upon the
IP Complaint Notice, Furnitureinchina.com requests that the Complainant show Furnitureinchina.com
a final decision or order in a court of a competent jurisdiction before taking any
further action.
Notice of IP Infringement Complaint
Data:
To：Shanghai CMP Sinoexpo International Exhibiion Co.,Ltd
10/F,Xian Dai Mansion,218 Xiang Yang Road(S) 200031
Attn：Furnitureinchina.com CS Department
Email: service@furniureinchina.com
Hot Line：400 610 1188（weekday 9:00-18:00）
Fax: (86-021) 6115 4998 Dear Sirs,
I/We, the undersigned, state that:
I am / We are the owner of the intellectual property rights stated below OR I am
/ we are the agent of the owner of the intellectual property rights stated
below (delete as appropriate).
I / We honestly believe that the products listed below infringe the intellectual
property rights of the owner of the intellectual property rights.
The information in this notice is accurate and true to my / our belief.
I / We will indemnify Furnitureinchina.com against any damages or claims arising
from receiving and acting upon this notice.
Please act expeditiously to remove the following listings on your web site:
Name of infringing company:
Details of the infringing products (please include hyperlinks where applicable):
The Intellectual Property Right relates to the following (check all boxes that apply):
□ Trademark □ Copyright □ Patent □ Registered Design
Description of the Intellectual Property Rights:
Country in which the intellectual property rights are valid：
Brief description of the trademark / copyright / patent, as applicable：
Registration number and year of registration of the intellectual property
rights, if any (please attach the relevant certificate, if any):
Name of the owner of the intellectual property rights:
Name of agent or representative of the owner of the intellectual property rights
owner:
Address：
E-mail address：
Telephone：
Fax：
I / We declare that I / we have the prescribed capacity to file this Infringement
Complaint on behalf of the above-named intellectual property rights owner. I/We
understand that the Infringement Complaint and all the supporting documents may
be disclosed to the parties complained of.
By signing this Notice, I / we agree to hold Furnitureinchina.com, its agents, representatives,
contractors and employees (including without limitation their legal advisors) harmless
and to fully indemnify each and every one of them against any and all liabilities,
losses, costs, expenses and damages of any nature whatsoever incurred or suffered
by any of them however arising from any action that Furnitureinchina.com, its agents,
representatives, contractors or employees (including without limitation their legal
advisors) may take pursuant to this Intellectual Property Rights Complaint. I /
We further agree that I / we will not take any legal action and make any claim against
Furnitureinchina.com, its agents, representatives, contractors and employees (including
without limitation their legal advisors) in respect of any matters related to this
Intellectual Property Complaint.
Yours faithfully,
Signature
For and on behalf of：
