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Beauty Sourcing INTELLECTUAL PROPERTY RIGHTS PROTECTION POLICY
| 1 | Intellectual Property Rights Protection Policy and Alleged Infringements |
| 1.1 | This document outlines Beauty Sourcing’ policy (“Policy”) for dealing with notifications of alleged infringements of intellectual property rights (“IPR”), in relation to materials available on Beauty Sourcing’ websites or servers (each such alleged infringement, an “Alleged Infringement”), by visitors and users of this website (“Users”). |
| For the purposes of this Policy, “Beauty Sourcing” means the publisher and operator of this website | |
| 1.2 | Beauty Sourcing has established these procedures to facilitate the co-operation between Beauty Sourcing and Users. |
| 1.3 | Beauty Sourcing is not an arbiter or judge. In carrying out any action instigated by Users in respect of IPR, Beauty Sourcing does not intend to make any decisions on whether such IPR are valid and subsisting. |
| 2 | Our Handling of Alleged Infringement |
| 2.1 | An IPR owner or the agent thereof (the “Complainant”) may (and shall, if requested by Beauty Sourcing) complete and sign the IP Complaint Notice in the form attached in Schedule 2 to notify Beauty Sourcing of the Alleged Infringement (the “IP Complaint Notice”). |
| 2.2 | Beauty Sourcing shall deal with the IP Complaint Notice in accordance with the procedures as set out in Schedule 1 hereto (the "Procedures"). |
| 2.3 | Beauty Sourcing reserves the right to amend the Procedures from time to time. |
| 2.4 | Beauty Sourcing reserves the right not to take any further action in respect of the Alleged Infringement if the IP Complaint Notice as prescribed in Schedule 2 is not submitted, is insufficient or is incomplete, and/or the Relevant Information (as defined in Clause 3.1 below) is not provided as required or is insufficient or is incomplete, and/or any of the Procedures stipulated in Schedule 1 are not complied with by the Complainant. |
| 3 | Relevant Information | |
| 3.1 | The Complainant shall provide Beauty Sourcing with all the necessary documentation and other relevant information in respect of the Alleged Infringement (the “Relevant Information”), including, inter alia: | |
| 3.1.1 | Evidence of the Complainant's ownership of the IPR which is being relied upon and alleged to have been infringed: | |
| a. | Evidence of the Complainant's ownership of the IPR which is being relied upon and alleged to have been infringed: | |
| b. | In the case of trademark rights, this would include (where applicable): the certificate of trademark registration and other relevant documents issued by the applicable authorities in the Relevant Territory (as defined in Clause 4 below) relating to the trademark rights concerned. | |
| c. | In the case of patent rights, this would include (where applicable): the certificate of patent grant (complete with all relevant claims, specifications and drawings), and other relevant reports, issued by the applicable authorities in the Relevant Territory (as defined in Clause 4 below) relating to the patent rights concerned. | |
| d. | In the case of registered design rights, this would include (where applicable): certificate of registration of design issued by the applicable authorities in the Relevant Territory (as defined in Clause 4 below) relating to the registered design rights concerned. | |
| e. | Any other evidence that Beauty Sourcing may require depending on the specific facts and circumstances of the case. For the avoidance of doubt, Beauty Sourcing shall have the sole and absolute discretion to determine what shall constitute appropriate evidence of the Complainant's ownership of the IPR concerned. | |
| 3.1.2 | Certificate of due incorporation or registration of the Complainant company (where applicable). | |
| 3.1.3 | Evidence of the infringement complained of in the IP Complaint Notice including, but not limited to, website locations/links, photographs, samples, brochures, sales contracts and invoices relating to the allegedly infringing material or activity concerned. | |
| 3.1.4 | Any final court or arbitration judgment, order, decision or award against or any binding settlement with the alleged infringer (“Alleged Infringer”) in relation to the subject matter complained of, and/or (if applicable and available) any other legally valid and binding evidence, in each case either originating from or legally recognised in the Relevant Territory (as defined in Clause 4 below), evidencing that the relevant material or activities concerned have infringed the Complainant's IPR. | |
| 3.1.5 | Such other relevant documents and information as Beauty Sourcing may require. | |
| 4 | Relevant Territory |
| 4.1 | For the purpose of this Policy, "Relevant Territory" shall mean the country / region where (i) the Alleged Infringement takes place or is likely to take place; (ii) the allegedly infringing products are manufactured; or (iii) the allegedly infringing products are advertised, offered or sold. |
| 5 | Indemnity | ||
| 5.1 | Beauty Sourcing does not have the power or duty to verify the identities of each individual Complainant submitting an IP Complaint Notice, the subject matter complained of or the source of the allegedly infringing material. | ||
| 5.2 | By submitting an IP Complaint Notice and asking Beauty Sourcing to take action in accordance with this Policy in respect of the Alleged Infringement, each individual Complainant submitting the IP Complaint Notice agrees: | ||
| 5.2.1 | to hold harmless, defend and fully indemnify Beauty Sourcing and its agents, representatives, contractors, directors, officers and employees (as well as their legal and other advisors and consultants) (collectively, the “Beauty Sourcing Indemnitees”) from and against any and all claims, liabilities, losses, damages, suits, actions, proceedings, judgments, fines, penalties, costs and expenses (including legal fees and expenses), of any nature whatsoever, incurred or suffered by any of them however arising from or in connection with any action that the Beauty Sourcing Indemnitees may take pursuant to the IP Complaint Notice; | ||
| 5.2.2 | that such individual Complainant submitting the IP Complaint Notice will not take any legal action and/or make any claim against any of the Beauty Sourcing Indemnitees in respect of any matters related to the IP Complaint Notice; | ||
| 5.2.3 | that the IP Complaint Notice and all the supporting documents may be disclosed to the parties complained of and acknowledge that such individual Complainant submitting the IP Complaint Notice has read, understood, accepted and agreed to Beauty Sourcing’ Privacy Policy relating to this website (which is accessible through the “Privacy Policy” link in the footer of this website) and where appropriate, has referred or will direct relevant third parties to such Privacy Policy; and | ||
| 5.2.4 | that the IP Complaint Notice and any or all of the Relevant Information and other supporting documents and information provided (or any portions or extracts thereof) may be reproduced, used, disclosed and/or published by Beauty Sourcing in the manner and to the extent deemed necessary or appropriate by Beauty Sourcing. Specifically (but without prejudice to the generality of the foregoing), Beauty Sourcing reserves the right to disclose any information contained in the IP Complaint Notice, or any Relevant Information or other supporting documents and information provided, in circumstances where Beauty Sourcing believes that disclosure is required under any law or regulation, or to cooperate with regulators or law enforcement authorities, or to protect or enforce Beauty Sourcing’ rights and/or interests. | ||
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To report an Intellectual Property (IP) infringement, kindly read the following Beauty Sourcing INTELLECTUAL PROPERTY RIGHTS PROTECTION POLICY and complete and sign the relevant form.
SCHEDULE 1 PROCEDURES This Schedule 1 is applicable to all Complainants. Notification of an Alleged Infringement | |||
| 1. | Those wishing to notify Beauty Sourcing of an Alleged Infringement shall complete the IP Complaint Notice in the form as attached in Schedule 2 and send it (together with the Relevant Information) to Beauty Sourcing’ designated representative, whose details are as follows: | ||
| To:IP Officer, Beauty Sourcing Email: info@beautysourcing.com | |||
| 3. | The following are examples of how to present the Alleged Infringement to Beauty Sourcing: | ||
| a. | "Model XYZ which can be found on the following hyperlink: https://www.beautysourcing.com/supplier/S000003/product/74849bce3f074ef5b9e40c36e661896a hair salon equipment which are identical to the novel design of Registered Patent Number 123456. | ||
| 4. | If the Complainant is an agent or a parent, subsidiary, related corporation or affiliate of the owner of the IPR with which the Alleged Infringement is concerned, such Complainant must provide a certified copy of a power of attorney executed by the said owner of the IPR (or such other evidence of the Complainant’s authority as may be deemed satisfactory by Beauty Sourcing), in addition to the Relevant Information. | ||
| Investigations in respect of the Alleged Infringement | |||
| 5. | If the Complainant refuses or fails to satisfactorily complete and sign the IP Complaint Notice, or if, in Beauty Sourcing's sole and absolute opinion, any of the Relevant Information provided to Beauty Sourcing is or appears to be incorrect, incomplete, invalid, inapplicable, unsatisfactory or insufficient, Beauty Sourcing reserves the right to refuse to handle the Alleged Infringement unless and until the IP Complaint Notice has been satisfactorily completed and signed and all further clarification, details, information or documents requested by Beauty Sourcing are provided to Beauty Sourcing by the Complainant. | ||
| 6. | Beauty Sourcing shall conduct investigations in relation to the Alleged Infringement to ascertain the merits of the IP Complaint Notice based upon the Relevant Information provided by the Complainant. | ||
| 7. | Upon receipt of the IP Complaint Notice, Beauty Sourcing will evaluate the IP Complaint Notice. | ||
| 8. | Upon the provision of the IP Complaint Notice, the Relevant Information and all other information and documents which Beauty Sourcing may require for the evaluation of the Alleged Infringement to Beauty Sourcing, Beauty Sourcing shall serve the IP Complaint Notice to the Alleged Infringer. | ||
| 9. | The Alleged Infringer will be given three full working days to rebut the claims of the Alleged Infringement in writing to Beauty Sourcing’ designated representative (whose details are set out in Section 1 of this Schedule 1 above). | ||
| 10. | If, in Beauty Sourcing’ sole and absolute opinion, the basis, grounds or merits of the IP Complaint Notice have not been satisfactorily established, and/or the Alleged Infringer’s rebuttal of the claims of the Alleged Infringement do not appear to be unfounded or groundless, then Beauty Sourcing reserves the right not to take any further action in respect of the complaint. | ||
| Investigations in respect of the Alleged Infringement | |||
| 11. | Should the Alleged Infringer fail to respond satisfactorily and rebut the claims of the Alleged Infringement within three working days, Beauty Sourcing shall remove the alleged infringing material referred to in the IP Complaint Notice. | ||
| 12. | Notwithstanding Section 9 of this Schedule 1 above, Beauty Sourcing may take any such action as it deems necessary, including inter alia removing any material relating to the Alleged Infringement from this website as it deems appropriate. | ||
| 13. | Beauty Sourcing reserves the right to terminate its relationship with any Alleged Infringer who is the subject of an IP Complaint Notice, regardless of the outcome of such IP Complaint Notice. | ||
| Investigations in respect of the Alleged Infringement | |||
| 14. | Where the Alleged Infringer rebuts the claims in the IP Complaint Notice, and provides appropriate grounds (with supporting evidence) for rejecting the claims contained in the Alleged Infringement, Beauty Sourcing shall be entitled, at its sole and absolute discretion, to carry out the following: | ||
| a. | Resume displaying material that has been removed pursuant to an IP Complaint Notice. | ||
| b. | Where Beauty Sourcing has taken any other action against the Alleged Infringer, Beauty Sourcing may, at its sole and absolute discretion, determine the most appropriate recourse to be taken. | ||
| 15. | Where the Alleged Infringer rebuts the claims in the IP Complaint Notice, and provides appropriate grounds (with supporting evidence) for rejecting the claims contained in the Alleged Infringement, Beauty Sourcing shall be entitled, at its sole and absolute discretion, to carry out the following: | ||
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