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tort

Chinese search users are not allowed to use Chinese search station services to engage in infringement of other people's intellectual property rights, including:

Trademark infringement:

If the user has one of the following ACTS, it shall be deemed as infringement:

1. The use of a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant may cause confusion;

2. The sale of goods infringing the registered trademark right;

3, forgery, manufacture with others without authorization registered trademark identical or similar trademarks, or selling counterfeit or made without authorization with others of the same or similar registered trademark logo;

4. Without the consent of the trademark registrant, the replacement of the registered trademark and the replacement of the goods with the trademark shall be put into the market;

5. In the same or similar commodities, the same or similar logo shall be used as the name of the commodity or the decoration of the goods, misleading the public;

6, with the registered trademark of others of the same or similar characters as an enterprise name used on the same or similar goods, or in other ways as highlight the use of its functions, easy to make the relevant public produce mistakes;

7, copy, imitation, translation of the well-known trademark of others register or its main part in not the same or similar goods used as a trademark, misleading the public, thereby causing damage to the interests of the well-known trademark registrant may;

8, will be the same as the others' registered trademark register the domain name or similar words, and through the domain name for publicity or commodity trading goods related to the electronic commerce, the relevant public could produce mistakes;

9. Causing other damage to the exclusive right of the registered trademark of others;

Patent infringement:

Patent infringement refers to the infringement of the rights of other persons by the products or other information used by the user, including the invention patent, utility model patent or design patent.

Company name tort:

The infringement of company name refers to the behavior of the user who USES the name of another enterprise or appropriates the name of another enterprise for profit.

Telephone infringement:

Contact tort refers to the user without permission, without authorization, all using someone else's contact phone number as its store contact information, or failed to timely update the shop's contact right to cause damage to other people's behavior.

Photo infringement:

Tort refers to the users of pictures (including but not limited to supply products in the main picture, detailed description of the image, according to the specifications in the quotation, location photo albums, etc.) without the consent of the image copyright owners and unauthorized use of behavior.

Ii. Rules for the handling of infringement complaints:

(1) notification procedures.

The obligee think Chinese search users to search the information posted on the station platform in China of violating relevant intellectual property rights, can submit a written notice to the Chinese search company, asked the Chinese search company shielding, delete the suspected infringing information, or disconnect the suspected infringing information link.

Notice shall be signed by the obligee, and the rights shall be stamped with the official seal of the unit.

The notice shall include the following:

(1) the owner's name (name), contact information, address, business license (unit), identity card (personal), relevant authorization certificate, etc.

(2) the exact name and network address of the suspected infringing information that is required to be blocked, deleted or disconnected.

(3) the preliminary evidence that constitutes infringement.

(4) the holder of the evidentiary materials: including but not limited to the related to the right certificate, works published for the first time, or proof of date of issuing materials, manuscripts, issued by the authority of the works creation timestamp, registration certificate and relevant authorization documents can prove that the obligee has the right to an effective evidentiary materials.

(5) evidentiary materials of infringement of the behavior of the complainant: including but not limited to the actions of the accused party constitute the valid proof material for infringement of intellectual property rights of the obligee.

The right holder shall ensure that the representations and relevant materials provided in the notice are true, valid and lawful, and shall bear all legal liabilities arising therefrom.

After the Chinese search company receives a notice from the owner of the complaint, it will block, delete the suspected infringing information or disconnect the link of the alleged infringement information.

Chinese search company informed the holder of the complaints, such as found that the holder of the complaints materials do not conform to the requirements or cannot prove to the infringement of the complaints, the Chinese search company materials needed to inform the right holder, the damage during this period, the Chinese search company does not undertake any responsibility.

(2) anti-notification procedures.

Alleged infringement information providers (the notification) know infringement complaints information, that the information provided does not infringe the rights of others, can submit a written notice to the Chinese search company, want to restore blocked, remove, or disconnected Chinese search of information.

If the counterparty notifies the person to sign the countersignature, it shall affix the official seal of the unit.

The counter-notification shall include the following:

(1) the notify party name (name), contact information, address, business license (units), id card (personal), the related authorization certificate to prove the notice people subject to the identity of the materials;

(2) to restore the information that has been blocked or deleted, or the exact name and network address of the information that has been disconnected.

(3) that do not constitute infringement of documents, including but not limited to the related to the rights of the certificate, works published for the first time, or proof of date of issuing materials, manuscripts, issued by the authority of the works creation timestamp, registration certificate and relevant authorization documents can prove that information provider has the right to effective evidentiary materials.

The counterparty shall ensure that the representations and relevant materials provided in the counternotice are true, valid and lawful, and shall bear all legal liabilities arising therefrom.

Chinese search company after receiving the notice people's notice, if discover the notice of the notification materials to prove that there is no infringement, the Chinese search company will restore are blocked, delete information or disconnected Chinese search, search companies in China with the shielding, delete or disconnect the link behavior does not undertake any responsibility.

Chinese search company after receiving the notice of the notice, if discover the notification of the notification materials do not conform to the requirements or cannot prove that there is no infringement, the Chinese search company will not restore blocked, remove, or disconnected Chinese search of information, and does not undertake any responsibility.

(3) dispute settlement between the obligee and the counterparty.

Such as Chinese search company recovery are blocked, delete information, or be disconnected after Chinese search, have objection to the right holder, the need to inform people in other legal way to solve, information

The chain company is not responsible for any obligations and responsibilities.

(4) the notice and counter-notice may be submitted to the Chinese search company through 1149196888@qq.com.

Resources from China search (chinese.cx)


 
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