Intellectual Property Rights

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CaribMall ’S INTELLECTUAL PROPERTY RIGHTS

INFRINGEMENT POLICY

 

A.         Intellectual Property Rights Infringements

 

a.         The types of User IPR infringement conduct which are prohibited on our Platform include, but are not limited to listing trademark or copyright infringing products or services on the Platform, including:  

b.         Listing products or services to which Users apply a sign or signs identical to a registered trademark, to a product or service to establish the origin of such product or service, and the application of such sign has been conducted without the express or implied consent of the proprietor of the registered trademark, in relation to the goods or services for which that trademark is registered, or to such goods or services that are closely related to the goods or services registered; 

c.         Listing products or services to which Users apply a sign or signs similar to a registered trademark, to a product or service to establish the origin of such product or service, without the express or implied consent of the proprietor of the registered trademark, in relation to the product or services for which that trademark is registered or to such goods or services that are closely related to the goods or services registered, and there exists a likelihood of confusion on the part of the public with regards to the origin of the product or services; or 

d.          Listing products that comprise copyrighted subject-matter which has been reproduced without the express or implied consent of the owner of the copyright. 

e.         Using trademark or copyright infringing content on the Platform, including: 

f.          Using copyrighted subject-matter (e.g., photographs, drawings, videos) in the description of the products or services, without the express or implied consent of the owner of the copyright; or 

g.          Using a sign or signs in connection with the description of products or services, and such signs are identical or very similar to a registered trademark, and the application of such sign has been conducted without the express or implied consent of the proprietor of the registered trademark, in relation to the goods or services for which that trademark is registered and there exists a likelihood of confusion on the part of the public with regards to the origin, endorsement or association of the product or services and the registered trademark.

h.         Listing product or services which infringe upon other types of IPR, including:

i.          Listing or product or services which infringe upon any other type of intellectual property right recognized under the laws of the country where the notice of infringement is filed, including, but not limited to, the patents, registered designs, or any type of IPR recognized under law or by the final court order of an apex court. 

j.          Deceptive or misleading conduct, including: 

k.         Publishing product descriptions or other information which are misleading, or misrepresentative of the product listed for sale; or 

l.          Any other deceptive or misleading conduct by Users in connection with the listing of product or services on the Platform, or any conduct intended to circumvent CaribMall Group’s anti-counterfeiting measures.  

 

 B. Types of notices not accepted by CaribMall

a.         Distribution Agreements  

b.         We respect the rights of brand owners, manufacturers, trading companies and / or distributors to enter into agreements in relation to how their products should be distributed (such as exclusive distribution agreements). However, violations of such agreements do not constitute IPR infringement. As the enforcement of agreements relating to the distribution of products is a matter between the parties to such agreements, we do not assist with this type of enforcement activity. 

c.         . Compatibility  

d.         Carib Mall does not enforce notices of infringement seeking to remove or alter true statements indicating compatibility with trademarked products. If a product detail page clearly and truthfully represents that the product being sold on that page is compatible with a trademarked product, Carib Mall will not process notices directed against the use of the trademarked sign. 

e.          Jurisdiction

f.          If you are filing a notice to CaribMall for the infringement of a registered trademark, patent or design, your registered trademark, patent or design must be registered in the country where you are filing the notice of infringement. Carib Mall does not act in respect of IPR infringement notices concerning registered trademarks, designs, or patents from countries other than the country for which the takedown is requested. For example, if you are the proprietor of a trademark registered only in Antigua and you file a notice through the IPP Platform to remove a listing on the Platform in Barbuda, your notice will be unsuccessful. 

g.         . Parallel Imports 

h.         Except where expressly prohibited pursuant to the laws of the country where the IPR infringement notice is filed, CaribMall will not process notices directed against parallel import or grey market products in the countries where the Platform is located.  

 

C.IPR Infringement Notices

TO SUBMIT A NOTICE OF IPR INFRINGEMENT, YOU MUST EITHER OWN, OR HOLD THE EXCLUSIVE LICENSE TO, THE IPR WHICH IS THE SUBJECT OF THE INFRINGEMENT NOTICE OR BE AN AGENT WITH WRITTEN AND SIGNED AUTHORIZATION FROM THE RIGHTS OWNER OR EXCLUSIVE LICENSEE TO SUBMIT NOTICES ON ITS BEHALF.  

Users may file appeals where the content, or product or service listing(s), which Users have uploaded have been removed from the Platform as a result of notices filed by rights holders. Users should refer to the relevant section of CaribMall in Seller Center for more information regarding the appeal process. Where appeals by Users are successful, CaribMall will reinstate the content, or product or service listing(s), which has been removed.  

D. Miscellaneous

a.         YOU ACKNOWLEDGE AND AGREE THAT CARIBMALL HAS THE RIGHT TO FULLY AND FINALLY INTERPRET AND / OR IMPLEMENT, OR WITHHOLD FROM IMPLEMENTING, ANY OF THE TERMS OF THIS POLICY, INCLUDING THE REMOVAL OF ANY CONTENT, OR PRODUCT OR SERVICE LISTINGS FROM THE PLATFORM, THE RIGHT TO TAKE ACTION AGAINST ANY USER (WHETHER ON THE PLATFORM OR OTHERWISE), TO REJECT ANY NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT FOR THE LACK OF SUFFICIENT INFORMATION AT CARIB MALL’S SOLE AND ABSOLUTE DISCRETION.  

b.         CaribMall reserves the right to amend this policy in accordance with changes to laws and regulations, changes in business environment or at its sole and absolute discretion. We will announce all changes to this policy by posting updates. The amended version of this policy will come into force on the date specified in the announcement. Your continued use of the Platform, including accessing or visiting the Platform in any way, following the changes taking effect constitutes your acceptance of such changes and if you do not agree to any changes to this policy, you must discontinue the use of the Platform (except to the extent required herein) and any agreement you have with us will be terminated. For the avoidance of doubt, newer versions of the policy supersede older version.

 

 

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