IPR

Intellectual Property Rights (IPR) Protection Policy




Overview

Contractpapers(“contractpapers.com ”) respects intellectual property rights of others and expects its users to honor the same. CONTRACTPAPERS.COM  takes a serious stance in dealing with intellectual property infringement claims. It also relies on the cooperation of intellectual property rights owners. Intellectual Property Right (“IPR”) Protection Policy

  1. Faces and Similarities

Any products that contain similarities, signature, name, image or other unequivocal aspects of any person are prohibited unless approved by the person whose information is being used.

  1. Counterfeit Items and Replicas

2.1 Any item that is a non-licensed replica or a counterfeit, such as counterfeit designer watches, shoes, bags, and garments is strictly prohibited to be advertised on the site, CONTRACTPAPERS.COM .

2.2 Items that contain names or logo of a company can only be sold by the original manufacturer. A product that did not originate and is not endorsed by the company is prohibited on the site.

2.3 A branded product may be sold if the seller has a permit; a certificate of authorization from the brand owner is necessary.

2.4 Any products that are not authorized, are replicas and counterfeits, will not be entertained on CONTRACTPAPERS.COM . Such product posting will be subject to removal by contractpapers.com . If such posts are repeated, it will result in an immediate suspension of the membership of the account.

  1. Software

3.1 Academic Software

  1. Academic software is any software that is sold at a discounted price to students, teachers and employees of accredited learning institutions.
  2. Any listings of academic software must be authorized. Any post that violates the academic software policy of CONTRACTPAPERS.COM is subject to deletion prior to publication.
  3. CONTRACTPAPERS.COM must be provided with the certificate of authorization issued by the authorized educational reseller or the institution, if any posts of academic software are to be made on behalf of the authorized educational reseller or the institution. It is required to state the license conspicuously in the listings.

3.2 OEM Software

  1. “OEM” or “bundled” copies of software are only allowed to be listen on CONTRACTPAPERS.COM if they are sold with computer hardware.
  2. OEM, Original Equipment Manufacturer, and bundles copies of software are obtained when a new computer is purchased. The software licenses usually prohibit the purchaser from reselling the OEM or bundled software with the computer or without any computer hardware.
  3. Unauthorized Copies of Intellectual Property

Unauthorized (pirated, bootleg, duplicated, etc.) copies of protected work such as video games, photographs, software programs, movies etc. is prohibited to be listed or sold on contractpapers.com

  1. Repeat violations of our IPR policy may result in a range of actions, including without limitation to:
  2. Removal of listings
  3. Posting restrictions
  4. Account suspension
  5. Termination of membership service agreement

For information on intellectual property right infringement claims,

For enforcement actions,

contractpapers.comhas the full discretion to take enforcement action at any given moment for certain extreme/conspicuous situations, such as but not limited to, where litigation has already been initiated by intellectual property rights holder.

For further information of Intellectual Property Rights (IPR) Protection Policy, please contact legal department.

IMPORTANT: THE INTELLECTUAL PROPERTY RIGHTS SHALL BE UPDATED ON A CONTINUAL BASIS AND SHOULD NOT BE CONSIDERED EXHAUSTIVE. IF THERE IS ANY UNCERTAINTY, LEGALITY OR APPROPRIATENESS IN QUESTION, REGARDING IF A PRODUCT IS ALLOWED TO BE LISTED ON THE SITE, PLEASE CONTACT OUR CUSTOMER SUPPORT.

Intellectual Property Right Infringement Claims

All intellectual property infringement claims shall be made under penalty of perjury. Intellectual property right holders further agree to indemnify and hold CONTRACTPAPERS.COM harmless from all claims, causes of action, damages and judgments arising out of any removal of product listings pursuant to intellectual property infringement claims.

As a neutral e-commerce platform CONTRACTPAPERS.COM does not adjudge conflicting intellectual property infringement claims. Any action taken by CONTRACTPAPERS.COM shall not be construed as any endorsement of any intellectual property infringement claim. All conflicting intellectual property infringement claims shall be resolved by the relevant conflicting parties separately from CONTRACTPAPERS.com. Intellectual property right holders shall file intellectual property infringement claims to the Legal Team (legal@contractpapers.com) for centralized processing. Intellectual property infringement claims submitted, will be processed through our legal team.

Legal Team

The Legal Team provides an efficient and transparent channel for intellectual property right holders to file intellectual property infringement claims and request takedown of allegedly infringing listings from CONTRACTPAPERS.com

Three types of materials must be submitted to the Legal Team to facilitate processing of intellectual property infringement claims, namely:

  1. Proof of identity of the complaining party and relevant authorization if the complaining party is not the intellectual property right holder
  2. Proof of intellectual property ownership
  3. Exact clickable hyperlinks to the relevant allegedly infringing listings on CONTRACTPAPERS.com

CONTRACTPAPERS.COM will evaluate intellectual property infringement claims filed to the Legal Team promptly. Members subject to intellectual property infringement claims will be notified of the claims and the contact information of the intellectual property right holders will be provided to the members to facilitate direct conflict resolution and claim handling.

Members subject to intellectual property infringement claims may submit counter-notifications to dispute the corresponding claims. Intellectual property right holders will be notified if and when any counter-notifications are filed and may accept or reject such counter-notifications. CONTRACTPAPERS reserves the right to reinstate any listing subject to intellectual property infringement claims at its discretion. For enforcement actions for intellectual property rights infringements claims, please contact at legal@CONTRACTPAPERS.com

Enforcement Actions for Intellectual Property Rights Infringements

Intellectual Property Rights Infringements

Users on contractpapers.com must not conduct any intellectual property rights infringements on contractpapers.com. Types of infringements include:

  1. General infringements:
  2. Unfair use of trademark rights, copyrights or other rights in product descriptions, store names or hyperlinks;
  3. Unfair use of trademark rights, copyrights or other rights for offering for sale or sale of products; or
  4. Publishing product descriptions or other information that may cause confusion, misrepresentation, or other circumstances.
  5. Serious infringements:
  6. Without the authorization of the copyright owner, reproduce his/ her work for offering for sale or sale, including printed materials, audio and visual recordings or software etc.; or
  7. Without the authorization of the registered trademark owner in the country of origin or the licensee of the owner, offer for sale or sell his/her products.

Penalties of Intellectual Property Rights Infringements

  1. General infringements:

Reasons for Removal

Penalty Points

Calculation of Penalty Points

Complaint by IPR Owner

6 penalty points incurred per complaint

Note: The first complaint will not incur any penalty points, all complaints based on the same intellectual property right received within 5 days upon the first complaint shall be counted as one complaint.

Any subsequent complaints received from the sixth day upon the first complaint shall incur 6 penalty points per complaint, and multiple complaints based on the same intellectual property right received within a day shall be counted as one complaint.

The relevant time is calculated from the time when the complaint is received.

Listings removed by contractpapers.com on random check

Each listing removal shall incur 2 penalty points to a maximum of 6 points per day.

When the general infringement is a serious one, each listing removal may incur 4 penalty points to a maximum of 12 points per day.

The term “complaint” herein refers to a complaint that is successful, including circumstances where a complaint is filed but no counter-notice is submitted by the user within the specified time limit, or where the counter-notice submitted by the user is rejected.

Refer to Rules for Enforcement Actions against non-compliance on contractpapers.com for the standards of corresponding points-based enforcement action (unless otherwise specified, the penalty points are cumulative on contractpapers.com).

Serious infringements:

First Strike

Restriction for 7 days

Second Strike

Restriction for 14 days

Third Strike

Account termination

Notes:

  1. “3 Strikes” is adopted as a principle of penalizing serious intellectual property rights infringements on contractpapers.com. Every complaint about serious infringements is counted as one strike; multiple complaints of serious infringements against the same user within three days shall be counted as one strike. The relevant time is calculated from the time when the first complaint is received. The account will be terminated once three strikes are accumulated on the same user.
  2. The term “complaint” herein refers to a complaint that is successful, including circumstances where a complaint is filed but no counter-notice is submitted by the user within the specified time limit, or where the counter-notice submitted by the user is rejected.
  3. Except for the terminated accounts caused by 3 strikes, the user receiving a strike is required to pass the intellectual property rights tutorial and examination every time. The user who passes the examination can recover its account to normal status upon the end of the restriction term.
  4. The strike caused by serious infringement is recorded for 365 days. The number of strikes is cumulative in a 365-day rolling basis.
  5. contractpapers.com reserves the right to terminate membership agreement or service agreement, membership account and any and all accounts determined to be related to such an account by contractpapers.com unilaterally in its discretion and/or to implement other measures that contractpapers.com considers appropriate, should a user be found committed in very serious infringement or investigated by judiciary/enforcement authorities with respect to suspected infringements.
  6. Miscellaneous:
  7. contractpapers.com reserves the right of final interpretation and decision regarding the above and all relevant terms.
  8. contractpapers.com reserves the right to amend these rules due to amendments to laws and regulations, changes in business environment or other reasons and will announce the same. The amended version of these rules will come into force as of the date specified in the announcement.

 

These rules are an integral part of the rules on contractpapers.com. In case of any inconsistency between these rules and the other rules on contractpapers.com, the rules in this document shall prevail. For any matters not covered herein, the other rules on contractpapers.com shall apply.

 

 

 

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies.