Intellectual Property Rights Protection Policy
Effective Date: September 2024
Review Date: NA
At Emperor Global Business Limited, we are committed to protecting the intellectual property (IP) rights of all creators, brands, and consumers involved in our platform. This Intellectual Property Rights Protection Policy outlines our commitment to maintaining a marketplace that respects intellectual property laws globally. This policy applies to all users of our platform, including vendors, buyers, and third-party partners.
- Purpose
The purpose of this Intellectual Property Rights Protection Policy is to:
- Ensure that all transactions and content on our platform comply with relevant intellectual property laws.
- Outline the rights and responsibilities of users concerning intellectual property.
- Provide mechanisms for the enforcement of IP rights and the resolution of disputes.
By using our platform, you agree to comply with this policy, which is designed to uphold the legal rights of all parties.
- Types of Intellectual Property Covered
We recognize the following types of intellectual property rights under this policy:
- Trademarks: Signs, logos, brand names, slogans, and other symbols that distinguish goods or services in the marketplace.
- Copyrights: The legal rights granted to creators of original works, such as literature, music, images, software, and other creative content.
- Patents: Exclusive rights granted to inventions or innovative products or processes.
- Design Rights: Rights protecting the visual design of objects, products, or articles.
- Trade Secrets: Confidential business information and practices that provide a competitive advantage.
- Respecting Intellectual Property Rights
3.1 Vendor Responsibilities
Vendors who use our platform must:
- Ensure that the products they sell do not infringe upon any third party’s intellectual property rights.
- Have the necessary rights, licenses, or permissions to sell, distribute, or use any content protected by intellectual property laws.
- Avoid using trademarks, copyrighted materials, or other IP without proper authorization from the rights owner.
Vendors who fail to adhere to these requirements may have their products removed from our platform, and their accounts suspended or terminated.
3.2. Buyer Responsibilities
Buyers must not:
- Use any content or materials from our platform without obtaining the necessary permissions or licenses.
- Distribute, reproduce, or modify products or content in violation of intellectual property laws.
Buyers found in violation may have their accounts suspended or terminated and may be subject to legal actions by the IP rights owner.
- Infringement Reporting Mechanism
At Emperor Global Business Limited, we take intellectual property rights violations seriously. If you believe that your intellectual property has been infringed upon by a product or content listed on our platform, you can report the infringement to us for review.
4.1. How to Submit an IP Infringement Claim
To submit a claim of intellectual property infringement, you must provide the following details:
- Your Contact Information: Full name, mailing address, email address, and phone number.
- Description of the Intellectual Property: Details of the IP you claim has been infringed, including trademarks, copyrights, patents, or design rights.
- Description of the Alleged Infringing Product or Content: Clear identification of the product or content you believe is infringing, including specific URLs, product listings, or other relevant details.
- Proof of Ownership: Documentation demonstrating that you own the intellectual property in question (e.g., trademark registration certificates, copyright registrations).
- Statement of Good Faith: A signed statement indicating that you have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law.
- Authority to Act: If you are submitting the claim on behalf of the rights holder, you must provide proof of your authorization to act on their behalf.
4.2. Where to Submit a Claim
You can submit your intellectual property infringement claim via:
- Email: IPRNotice@himart.co.uk
Once we receive your claim, we will investigate the matter and take appropriate action, which may include removing the infringing product or content from our platform.
- Response to Intellectual Property Infringement Claims
Upon receiving an IP infringement claim, we will:
- Acknowledge Receipt: We will confirm that we have received your complaint and begin reviewing it.
- Review the Claim: We will investigate the claim to determine whether the product or content violates intellectual property laws.
- Take Appropriate Action: If the claim is valid, we will take action, which may include:
- Removing or disabling access to the infringing product or content.
- Notifying the vendor or party responsible for the alleged infringement.
- Suspending or terminating the account of repeat infringers.
- Notify the Parties: We will notify both the complainant and the vendor of the action taken. If the vendor wishes to dispute the claim, they may submit a counter-notice.
- Counter-Notice Procedure
If a vendor believes their product or content was mistakenly removed due to an intellectual property claim, they may file a counter-notice. The counter-notice must include:
- Vendor’s Contact Information: Full name, mailing address, email address, and phone number.
- Identification of Removed Product or Content: Details of the product or content that was removed or disabled.
- Statement of Good Faith: A statement indicating that the product or content was removed as a result of a mistake or misidentification.
- Consent to Jurisdiction: If you are outside the UK, a statement indicating that you consent to the jurisdiction of the courts in the UK in case of legal proceedings.
Upon receiving a valid counter-notice, we may restore the removed product or content unless the intellectual property owner files legal action.
- Repeat Infringers
We take a strict stance against vendors or users who repeatedly infringe intellectual property rights. Accounts that are found to be repeatedly involved in IP violations will face:
- Suspension: Temporary suspension of account privileges.
- Termination: Permanent removal from our platform.
We reserve the right to terminate accounts that, in our sole discretion, have violated IP laws repeatedly, even after warnings or actions taken.
- Use of Intellectual Property by Emperor Global Business Limited
8.1. Vendor Content and Product Listings
By listing products or content on our platform, vendors grant Emperor Global Business Limited a non-exclusive, worldwide, royalty-free license to use, modify, distribute, and display their trademarks, logos, images, and other content solely for the purpose of marketing and promoting the vendor’s products on our platform.
This license does not transfer ownership of the intellectual property rights, and vendors retain full control of their trademarks and content.
8.2. Copyrighted Content on Emperor Global Business Limited Website
All content on our website, including text, graphics, logos, images, and software, is the intellectual property of Emperor Global Business Limited or its licensors and is protected by copyright, trademark, and other intellectual property laws. Unauthorized use of this content is strictly prohibited.
- Global Compliance with Intellectual Property Laws
As an eCommerce platform with global reach, Emperor Global Business Limited is committed to complying with intellectual property laws in all jurisdictions where we operate. We respect the intellectual property rights of users from all countries and expect vendors and buyers to do the same.
This policy is designed to align with international intellectual property laws, including but not limited to:
- The UK Intellectual Property Office (IPO)
- The European Union Intellectual Property Office (EUIPO)
- The United States Patent and Trademark Office (USPTO)
- World Intellectual Property Organization (WIPO) guidelines
- Policy Updates
We reserve the right to update or modify this Intellectual Property Rights Protection Policy at any time to reflect changes in the law or our business practices. Any updates will be posted on our website, and your continued use of our platform constitutes acceptance of any changes.
- Contact Us
If you have any questions or concerns regarding this policy or intellectual property rights, please contact us at:
Emperor Global Business Limited
Email: contact@himart.co.uk
By adhering to this Intellectual Property Rights Protection Policy, Emperor Global Business Limited aims to foster a marketplace where innovation, creativity, and business success thrive in compliance with global intellectual property laws.