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    IrriFinder Intellectual Property Policy

    This policy provides an overview of intellectual property (IP) rights and your responsibilities when selling on IrriFinder.

    When you sell in the IrriFinder store:

    • You must comply with all federal, state, and local laws and IrriFinder policies applicable to your products and product listings.
    • You must not violate the IP rights of brands or other rights owners.

    Violating this policy may result in loss of selling privileges or other legal consequences in accordance with the Merchant Terms of Service.

    Important: This policy does not constitute legal advice. You should consult a lawyer if you have a specific question about your IP rights or the IP rights of others.

    There are four main types of IP rights:

    • Copyrights are legal protections for original works of authorship. 
    • Trademarks are legal protections for a word, symbol, design, or combination of the same that a company uses to identify goods and services. 
    • Patents are legal protections for inventions.
    • Registered designs are legal protections for the appearance of the entire product or a part of it which results, in particular, from the characteristics of line, contours, colours, form, surface structure and/or materials of the product and or the decoration.

    IrriFinder’s IP enforcement

    • Responding to an IP infringement notice. If you receive a notice or warning for infringement and you believe the rights owner or IrriFinder made an error, you may appeal or dispute the claim.

     

    Type of notice or warning

    Actions you may take

    For a product you never listed on IrriFinder

    Reply to the notification you received and let us know that you have never listed the reported product. We will investigate to determine if an error occurred.

    If you have an established relationship with the rights owner

    If you have a licence or other agreement that allows you to use the IP identified in the notice, contact the rights owner who submitted the complaint to request a retraction. Your content may be reinstated if we receive a retraction from the rights owner.

    Trademark or Counterfeit infringement on the product or packaging

    Provide an invoice or documentation that demonstrates the authenticity of the product. We will then re-evaluate the notice and your content may be reinstated.

    Trademark or Counterfeit infringement on the product detail page

    Modify the product detail page or pages to ensure they do not infringe the trademark and then submit your appeal.

    OR

    If you believe your listing was removed in error, you may submit your appeal. Please provide supporting documentation (such as a letter of authorisation or licence agreement). We will then re-evaluate the notice, and your content may be reinstated.

    Patent infringement

    Reply to the notification you received with specific reasons as to why you believe a mistake was made. You may also provide a court order demonstrating that your product is non-infringing or that the asserted patent is invalid or unenforceable.

    Copyright infringement

    Modify the product detail page or pages to ensure they do not infringe copyright and then submit your appeal. 

    OR

    If you believe your listing was removed in error, you may submit your appeal. Please provide supporting documentation (such as a letter of authorisation or licence agreement) from the rights owner of the copyrighted content. We will then re-evaluate the notice, and your content may be reinstated. 
     

    Registered design rights

    Provide a court order demonstrating that your product is non-infringing or that the asserted design right is invalid or unenforceable. Alternatively, provide evidence that you hold a certified registered design for the same product that pre-dates the certification of the relevant rights owner listed in the notice. We will then re-evaluate the notice, and your content may be reinstated.

    OR

    If you believe your listing was removed in error, you may submit your appeal. Please provide supporting documentation (such as a letter of authorisation, licence agreement, or retraction) from the rights owner of the registered design. 

     

    • Multiple warnings of IP infringement. If you have received multiple warnings of IP infringement and you believe you are selling non-infringing products, submit an appeal via Seller Central with a list of the allegedly infringing ASINs and at least one of the following, as applicable:

     

      1. Invoices proving the authenticity of your products (you may remove pricing information); OR

     

      1. IrriFinder order IDs demonstrating product authenticity; OR

     

      1. An authorisation letter from the rights owner (cannot be a forwarded email); OR

     

      1. A court order finding that your product does not infringe the asserted IP or that the asserted IP is invalid or unenforceable.

     

    • Account suspension. If your account has been suspended because of notices of IP infringement against your products or content, you can provide us with information to support your appeal. We will evaluate the information provided and determine if your account may be reinstated. Note that IrriFinder terminates the accounts of repeat infringers in appropriate circumstances.

     

    • Sellers are expected to follow the law. IrriFinder takes claims of IP infringement seriously. Even if a seller is infringing IP without knowledge, we will still take action and the seller’s account might receive a warning or be suspended. You should consult a lawyer for help to ensure that you have the right procedures in place to prevent IP infringement.