INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Policy
Ownership of the Website’s Intellectual Property
All intellectual property rights of the Website itself, including but not limited to trademarks, logos, domain names, software copyrights, text content, pictures, videos, layout designs, and all other original works and proprietary information on the Website, are exclusively owned by us or our authorized right holders. Without our prior written permission, no unit or individual may reproduce, modify, distribute, transmit, display, publish, or use the above intellectual property in any form, nor may it infringe on our intellectual property rights in any other way.
Ownership of Users’ Intellectual Property
Sellers shall ensure that they own or have obtained valid and complete authorization for all goods, product information, pictures, descriptions, and other content released on the Website, and that the above content does not infringe on the intellectual property rights of any third party (including trademarks, patents, copyrights, trade secrets, etc.). Buyers shall have the legal right to use the goods purchased through the Website in accordance with the law, and shall not use the purchased goods for any infringing activities.
Prohibited Infringing Acts
All users are prohibited from engaging in the following intellectual property infringement acts on the Website, including but not limited to:
(1) Selling counterfeit, pirated goods or goods that infringe on others' trademark rights, patent rights, copyrights and other intellectual property rights;
(2) Unauthorized use of others' registered trademarks, unregistered well-known trademarks, logos, product models and other signs in product titles, descriptions, pictures and other information;
(3) Copying, plagiarizing, or using without authorization the text, pictures, videos, product designs and other copyrighted works of the Website or other users;
(4) Disclosing, using or allowing others to use the trade secrets of the Website or other users without permission;
(5) Other acts that violate the intellectual property laws and regulations and this policy, and infringe on the intellectual property rights of the Website, other users or third parties.
IPR Infringement Complaint Mechanism
Complaint Requirements
If any right holder believes that the content (including goods, information, etc.) on the Website infringes on its intellectual property rights, it may submit a formal written complaint to us. The complaint shall include the following necessary materials (the materials shall be in English or the official language of the country/region where the infringement occurs):
① The basic information of the right holder: name/company name, contact address, telephone number, email address; if entrusted to an agent, the power of attorney and the basic information of the agent shall also be provided;
② Clear and specific proof of intellectual property rights: such as trademark registration certificate, patent certificate, copyright registration certificate, and other valid certificates that prove the ownership and validity of the intellectual property rights;
③ Clear and specific evidence of infringement: the specific link of the infringing content on the Website, screenshots of the infringing page, and other materials that can prove the existence of the infringing act;
④ A written statement with the signature (for natural persons) or official seal (for legal persons/other organizations) of the right holder/agent, confirming that the contents of the complaint materials are true and accurate, and that the complainant shall bear all legal liabilities arising from false complaints.
Complaint Process
① The right holder may submit the complete complaint materials to our designated IPR protection email: [ support@newopened.com ];
② After receiving the valid complaint materials, we will conduct a review and verification within 7 working days, and notify the alleged infringing user of the complaint content and require it to submit a defense and relevant proof materials within the specified time;
③ After the verification is completed, if it is confirmed that the infringement act is established, we will immediately take corresponding disposal measures in accordance with this policy and relevant laws, including but not limited to removing the infringing content, taking down the infringing goods, restricting the infringing user’s account rights, and even permanently banning the infringing account; if the infringement is not established, we will notify the right holder and the alleged infringing user of the result and keep the relevant content.
Counterclaim
If the alleged infringing user believes that its content does not constitute infringement, it may submit a counterclaim to us with relevant proof materials (including the certificate of legal ownership/authorization of the intellectual property, the proof that the alleged infringing content does not constitute infringement, etc.) within the specified time. After we review and confirm the validity of the counterclaim materials, we will lift the relevant disposal measures in a timely manner and notify the right holder of the result.
Liabilities for Infringement
Liabilities of Infringing Users
If a user is confirmed to have committed an intellectual property infringement act on the Website, we have the right to take one or more of the following measures according to the severity of the infringement, and the user shall bear all losses (including but not limited to compensation for economic losses, attorney fees, litigation costs) caused to us, the right holder and other relevant parties due to the infringement:
(1) Warn the infringing user and order it to rectify the infringement within a time limit;
(2) Remove the infringing content, take down the infringing goods, and delete the relevant information of the infringing user;
(3) Restrict the infringing user’s account functions (such as restricting release, settlement, transaction, etc.);
(4) Suspend or permanently ban the infringing user’s account;
(5) Reserve the right to pursue the infringing user’s legal liabilities in accordance with the law, and report the serious infringement acts to the relevant administrative law enforcement departments or judicial organs.
Liabilities for False Complaints
If a right holder submits a false complaint and causes losses to the alleged infringing user and/or the Website, the right holder shall bear all corresponding legal liabilities and compensate for all economic losses incurred thereby.
Disclaimer
We have the right to review the content released by users in accordance with the law and this policy, but we do not assume the obligation of pre-review all user content. The existence, display and transaction of any content on the Website do not mean that we confirm the legality, authenticity or non-infringement of the content. If any third party claims that the user's content infringes on its intellectual property rights, the relevant liability shall be borne by the user itself, and we shall not be liable for any direct or indirect losses arising therefrom (unless otherwise stipulated by law).
Modification and Update of the Policy
We have the right to modify, supplement or update this policy at any time according to the changes of laws, regulations and business development needs. The revised policy will be published on the Website, and the effective date will be marked separately. The continued use of the Website's services by users after the release of the revised policy shall be deemed as acceptance of the revised policy.
Applicable Law and Dispute Resolution
This policy shall be governed by the laws of [the country/region you choose, e.g., the People's Republic of China]. Any dispute arising from the interpretation or performance of this policy shall be first resolved through friendly negotiation between the parties; if the negotiation fails, either party may file a lawsuit with the people's court where the Website is located.
Contact Us
If you have any questions about this intellectual property policy, or need to consult relevant matters of intellectual property protection, you may contact us through the following ways : support@newopened.com