PAPMALL LIMITED. is committed to ensuring that the products on its platforms do not infringe upon intellectual
property rights (“IPR”) and we take a serious stance when dealing with claims of IPR infringement on the
e-commerce platforms that we operate, including
www.papmall.com and any other internet domain properties owned,
controlled, or operated by the PAPMALL LIMITED. (collectively “Platform”).
A. Intellectual Property Rights Infringements
The types of User IPR infringement conduct which are prohibited on our Platform include, but are not limited to:
I. Listing trademark or copyright infringing products or services on the Platform, including
(1) 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; (2) 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 (3) Listing products that comprise copyrighted subject-matter which has been reproduced
without the express or implied consent of the owner of the copyright.
II. Using trademark or copyright infringing content on the Platform, including
(1) 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 (2) 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.
III. Listing product or services which infringe upon other types of IPR, including
(1) 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.
IV. Deceptive or misleading conduct, including
(1) Publishing product descriptions or other information which are misleading or misrepresentative of the product
listed for sale; or (2) 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 papmall®’s anti-counterfeiting
measures.
B. Types of notices not accepted by papmall®
I. Distribution Agreements
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.
II. Compatibility
papmall® 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, papmall® will not process notices directed
against the use of the trademarked sign.
III. Jurisdiction
If you are filing a notice to papmall® 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. papmall® does not take action 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 India and you file a notice through the IPP
Platform to remove a listing on the Platform in Hong Kong, your notice will be unsuccessful.
IV. Parallel Imports
Except where expressly prohibited pursuant to the laws of the country where the IPR infringement notice is filed,
papmall® 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. If you suspect that your IPR has been infringed by Users, you
may
submit IPR Infringement Notices to papmall®. 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. Where appeals by Users are successful, papmall® will reinstate the content, or product or service
listing(s), which has been removed.
D. Miscellaneous
(1) YOU ACKNOWLEDGE AND AGREE THAT papmall® 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
papmall®’S SOLE AND ABSOLUTE DISCRETION. (2) papmall® 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 versions.
