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Intellectual Property Statement
1. Intellectual Property Rights Protection Policy and Infringement Complaints
This document outlines Cphi-online.com's procedures for dealing with notification of alleged infringements ("Infringement Complaint") relating to intellectual property rights ("IPR") by users of Cphi-online.com ("Users").
Cphi-online.com has established these procedures to facilitate the co-operation between Cphi-online.com and Users.
Cphi-online.com is not an arbiter or judge. In carrying out any action instigated by Users in respect of IPR, Cphi-online.com does not intend to make any decisions on whether such IPR are valid and subsisting. Conversely, should Cphi-online.com decide not to carry out any action in respect of an Infringement Complaint, Cphi-online.com is not endorsing the display or sale of such goods on Cphi-online.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, Cphi-online.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 Cphi-online.com with all the necessary documentation and other relevant information in accordance with clause 3 below (the "Relevant Information") so that Cphi-online.com can adequately deal with the Infringement Complaint.
Cphi-online.com shall deal with the Infringement Complaint in accordance with the procedure as set out at Schedule 1 hereto (the "Procedures").
Cphi-online.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 Cphi-online.com may require depending on the specific facts of the case. For the avoidance of doubt, Cphi-online.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 Cphi-online.com may require.
4. Relevant Territory
Cphi-online.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.
Cphi-online.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 Cphi-online.com to take action in accordance with this Policy in respect of the Infringement Complaint, the Complainant agrees to indemnify Cphi-online.com against all claims or damages arising howsoever from Cphi-online.com 's actions in respect of all matters in connection with this Policy.
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