Intellectual Property Protection

HappyBuy Mall  intellectual property protection rules

The HappyBuy Mall platform prohibits unauthorized distribution and sale of products suspected of infringing the intellectual property rights of third parties. If the seller publishes or sells goods suspected of infringing on the intellectual property rights of a third party, a complaint may be filed by the intellectual property owner or the buyer. The platform will also randomly check the information of the goods (including the goods under the shelf) and the name of the product group, which will be returned or deleted. Penalties for types of infringement

 

1, Specific rules

Type of infringement

Definition

Penalty rules

Trademark infringement

General violations: Other cases where the use of another person’s trademark without the permission of the right holder

a) 0 points for the first violation

b) 10 points for each subsequent violation

c) If you accumulate 60 points, close the account

Serious violation: the use of the same or similar trademarks on the same commodity as the registered trademark without the permission of the registered trademark owner

Two times offenders close the background account

Patent infringement

Infringement of appearance patents, utility model patents, and invention patents (General violations or serious violations are determined on a case-by-case basis)

a) 0 points for the first violation

b) 10 points for each subsequent violation

c) If you accumulate 60 points, close the account

(Serious violations, two offenders close the background account)

Copyright infringement

Unauthorized use of copyrighted works materials, such as text, photos, videos, music, and software, constitutes copyright infringement.

Physical level infringement:

a) The physical product or its packaging is pirated

b) The physical product or its packaging is not pirated, but includes unauthorized copyrighted content or image information level information:

a) The image is used without authorization on the details page

b) Text is unauthorized to be used on the details page

a) 0 points for the first violation

b) 10 points for each subsequent violation

c) If the score is 60, the background account will be closed.

Remarks:

a) HappyBuy Mall will apply the applicable penalties to relevant sellers according to the relevant regulations in accordance with the state of the infringement complaints being accepted;

b) All general violations and copyright infringement complaints within the same day, including all complaints (trademark rights or patent rights: the respondent was complained by the same intellectual property rights, did not initiate counter-notification within the prescribed time limit, or although counter-notification was initiated, but The notice is not established; the copyright: the respondent was complained by the same copyright owner, did not initiate a counter-notification within the prescribed time limit, or the counter-notification was not established, but the counter-notification was not established), and the HappyBuy Mall platform sample inspection, the deduction points accumulated no more than 10 points;

c),All serious violations within seven days, including all complaints (ie, the respondent was complained by the same intellectual property rights, did not initiate a counter-notification within the prescribed time limit; or although the counter-notification was initiated, but the counter-notification was not established) and the HappyBuy Mall platform sample inspection, Only one violation calculation will be made; two serious violations will be closed, and the number of serious violations will not distinguish between infringement types;

 d),HappyBuy Mall has the right to impose penalties on sellers' product violations and infringements and sellers' stores, including but not limited to

1) Return or delete goods/information;
2) Restrict the release of goods;
3) Temporarily freeze the account;
4) Close the background account. For users who turn off the background account, HappyBuy Malll has the right to take measures to prevent the user from registering on HappyBuy Mall again.

e) Each violation shall be valid for 360 days from the date of punishment;

f) When the user's infringement is particularly serious or extreme, HappyBuy Mall has the right to unilaterally delete the HappyBuy Mall merchant service agreement and free membership agreement and directly close the user's back-end account. HappyBuy Mall has the right to determine all accounts related to it and / Or take other measures to protect the legitimate rights and interests of consumers or rights holders or the normal operating sequence of the platform (at the discretion of HappyBuy Mall). In this case, in addition to the right to close the account directly, HappyBuy Mall also has the right to freeze the funds related to the user's international account, including legal rights, to ensure that consumers or right holders exercise the guarantee of complaints, reporting rights, etc

g) HappyBuy Mall reserves the right of final interpretation and decision of the above measures, and will retain all rights related to it.

h) If there are inconsistencies, ambiguities or conflicts between the Chinese and non-Chinese versions of this Code, the Chinese version shall prevail.

i) As stated in the above rules, "infringement is particularly significant or extreme" includes but is not limited to the following:
· User infringement is particularly serious;
· The right holder filed a lawsuit or legal request against HappyBuy Mall;
· The right holder sues the user for infringement and initiates a lawsuit by the judicial, law enforcement or administrative department;
· In response to a judicial, law enforcement or administrative agency requesting Ali1688Mall to dispose of an account or take other relevant measures;
· The products sold by users have a great influence on any factors such as product attributes, source, sales scale, influence area, damage and so on.
· Other situations that constitute serious infringement (such as categories of abuse, use of variants, masking of trademarks, etc.)

2. We give suggestions to sellers

a) Respect for intellectual property. From now on, please ask the seller's friends to strictly check their online and spot products. In case of infringement, please delete the infringing product immediately. At the same time, strictly control the source of purchases and eliminate products of unknown origin. It is recommended to take pictures to improve the quality of the pictures, so that buyers can understand the products more intuitively and get more orders.
b) Develop high-quality self-owned brands. If your product has quality, please register your own brand, and use this platform to expand the influence of your own brand, let your branded goods go to sea, and continuously add value.
c) Complete the brand acquisition process. Full brand access and republish branded products, and do not publish unauthorized branded products.
Protect your intellectual property

One-stop complaint
Once you discover the goods and actions that infringe intellectual property rights (including trademark infringement, copyright infringement, patent infringement, etc.), you can file a complaint through the intellectual property protection platform.

IP dispute resolution mechanism
First, after registering your account and verifying your identity and intellectual property proofs, you can file a complaint by violating the online product link. After the complaint is established, the corresponding product link will be deleted; the seller can submit an appeal, and the platform will merge the materials of both parties. Determine the status of the product and determine whether to restore the product link.

Second): fast intellectual property dispute resolution mechanism, but after the complaint needs to further resolve the intellectual property dispute by filing a complaint with the competent department and the judicial department, please file a complaint by email, that is: complaint and send preliminary evidence of infringement to the server @ Ali1688Mall.com email. We will proceed in accordance with relevant legal procedures. If the complainant fails to provide true and valid legal evidence, it will result in failure to make correct judgments and treatments, and may treat the act as malicious fraud, and reserve the right to hold the person responsible for legal responsibility.

The right of interpretation belongs to HappyBuy Malll.