To report intellectual property infringement, please read the following BDD Intellectual Property Protection Policy and complete and sign the relevant form.
1. Intellectual Property Protection Policy and Alleged Infringement
1.1 This document outlines the policy (the "Policy") for notification of alleged infringement of intellectual property rights ("IPR") by visitors and users ("Users") of BDD websites regarding material available on BDD websites or servers.
1.2 BDD is not an arbitrator or judge. In enforcing any action initiated by the User with respect to Intellectual Property Rights, BDD does not intend to make any decision as to the validity and existence of such Intellectual Property Rights.
2. Our Treatment of Alleged Infringement
2.1 The owner of the intellectual property rights or his/her agent(“Complainant”) may (and at the request of BDD ) notify BDD of the alleged infringement by completing and signing a Notice of Intellectual Property Rights Complaint in the form shown in Attachment 1.
2.2 BDD reserves the right to amend the Procedure from time to time.
2.3 BDD reserves the right to refrain from taking any further action with respect to the alleged infringement if the Complainant fails to submit a Notice of IPR Complaint as set forth in Attachment 1, or if the Notice of Complaint is insufficient or incomplete, and/or if the Relevant Information (as defined in Article 3.1 below) is not provided as required or is insufficient or incomplete.
3. Relevant information
3.1 The Complainant shall provide BDD with all necessary documents and other relevant information relating to the alleged infringement;
3.1.1 Proof of Complainant's ownership of the intellectual property rights relied upon and allegedly infringed.
In the case of copyrights, this shall include, where applicable: a certificate of registration, together with proof of originality, first publication and the Complainant's ownership of the copyright in question.
In the case of trademark rights, this will include, where applicable, certificates of trademark registration and other relevant documents relating to trademark rights issued by the relevant competent authority.
In the case of "Patent Rights", this shall include, where applicable, certificates of grant of the relevant "Patent Rights" (including all relevant claims, specifications and drawings) and other relevant reports issued by the relevant authorities in the relevant territory (as defined in Article 4 below).
In the case of Registered Design Rights, this will include, where applicable: a Design Registration Certificate issued by the relevant authority in the relevant territory (as defined in Article 4 below) in respect of the Registered Design Rights.
Any other evidence that BDD may require depends on the specific facts and circumstances of the case. For the avoidance of doubt, the Global Sources shall have sole and absolute discretion to determine what constitutes appropriate evidence of the Complainant's ownership of the relevant IPR.
3.1.2 Evidence of the infringement complained of in the IPR Notice of Complaint, including, but not limited to, web addresses/links, photographs, samples, brochures, sales contracts and invoices relating to the allegedly infringing material or activity.
3.1.3 Any final court or arbitration judgment, order, decision or award relating to the alleged infringer ("Alleged Infringer"), or any binding settlement with the alleged infringer, and/or any other legally valid and binding evidence that the material in question or the activity in question infringes the IPRs of the Complainant.
3.1.4 Other relevant documents and information as may be requested by BDD .
3.2 The notice of IPR Complaint and all supporting documentation may be disclosed to the Respondent;
3.3 BDD reserves the right to disclose any information contained in the IPR Notice of Complaint, or any related information or other supporting documents and information provided, where BDD believes that disclosure is required by any law or regulation, or for the purpose of cooperating with regulatory or law enforcement authorities, or for the protection or enforcement of BDD rights and/or interests.
4. Disclaimer and Indemnification
4.1 BDD has no right or obligation to verify the identity of each Complainant who submits a Notice of Intellectual Property Complaint, the subject matter of the complaint, or the source of the allegedly infringing material.
4.2 By submitting an IPR complaint notice and requesting Tuoduoduo to take action based on this policy regarding alleged infringement, each complainant who submits an intellectual property complaint notice agrees to indemnify Tuoduoduo and its agents, representatives, contractors, directors, senior officers, and employees (and their legal and other advisors and consultants) (collectively, the "Tuoduoduo Indemnified Parties") from and against any and all claims, liabilities, losses, damages, costs, and expenses (including legal fees and expenses) of any nature whatsoever, and to defend and fully compensate them.
Annex 1 Intellectual Property Complaint Notice
Email to: danyal@toodudu.com Subject: Intellectual Property Complaint Notice Content: (Company Name in English) (Company Address) Statement of the Signatory: I am/we are the owner(s) of the intellectual property described below, or I am/we are the agent(s) of the owner(s) of the intellectual property described below (delete as appropriate). I/we sincerely believe that the following listed product(s) infringe(s) the intellectual property of the owner(s). The information in this notice is accurate and true to the best of my/our knowledge. I/we will indemnify you and your parent company, subsidiaries, affiliates, and related companies (collectively, "Tuoduoduo") for any damages and claims arising from or related to reliance on the information in this notice. Please take prompt action to remove the following materials from your website (if applicable, please provide links): Proof of Complainant's ownership of the intellectual property rights relied upon and allegedly infringed: Power of attorney(if applicable) Details of the infringing material (if applicable, please provide links): Signature of the agent(s)/the owner |