Quickertrade IPR Infringement or Breach Policy
Version: 1.1.1
Released: 13th September 2024
Quickergroup Limited and its affiliates (collectively referred to as “Quickergroup,” “we,” “us,” or “our”) are dedicated to upholding intellectual property rights (“IPR”) and rigorously address any claims of IPR infringement across our e-commerce platforms. This includes all our digital properties, such as our website, www.quickergroup.com, our mobile applications, and any other internet domains controlled or managed by Quickergroup (collectively, the “Platform”).
Our Platform users (“Users”) must not engage in any activities that violate IPR. This includes uploading content, listing products or services, or using the Platform in any way that infringes upon IPR. Users found in violation will face enforcement actions in accordance with our Platform policies. These actions may include, but are not limited to, issuing non-compliance points, suspending User accounts, permanent removal from the Platform, and/or any other measures deemed necessary by us. This may also involve initiating civil or criminal proceedings, either independently or in collaboration with rights holders.
A. Intellectual Property Rights Infringements
The following User activities that infringe upon intellectual property rights (“IPR”) are prohibited on our Platform:
I. Listing Trademark or Copyright Infringing Products or Services:
- Users must not list products or services bearing signs identical to a registered trademark without the express or implied consent of the trademark owner, particularly if the use of such signs pertains to the registered goods or services, or closely related goods or services.
- Users must not list products or services using signs similar to a registered trademark without the express or implied consent of the trademark owner if there is a likelihood of public confusion regarding the origin of the product or service.
- Users must not list products containing copyrighted material that has been reproduced without the express or implied consent of the copyright owner.
II. Using Trademark or Copyright Infringing Content:
- Users must not include copyrighted material (e.g., photographs, drawings, videos) in product or service descriptions without the express or implied consent of the copyright owner.
- Users must not use signs in product or service descriptions that are identical or very similar to a registered trademark without the express or implied consent of the trademark owner if there is a risk of public confusion about the origin, endorsement, or association of the product or service with the registered trademark.
III. Listing Products or Services That Infringe Other IPR Types:
- Users must not list products or services that infringe any other type of intellectual property right recognized under the laws of the country where the infringement notice is filed. This includes patents, registered designs, or any other IPR recognized by law or a final court order.
IV. Deceptive or Misleading Conduct:
- Users must not publish product descriptions or other information that mislead or misrepresent the nature of the product being sold.
- Users must not engage in any other deceptive or misleading practices related to product or service listings on the Platform or attempt to bypass our anti-counterfeiting measures.
B. Types of Notices Not Accepted by Quickergroup
I. Distribution Agreements
We acknowledge and respect the rights of brand owners, manufacturers, trading companies, and distributors to establish agreements regarding the distribution of their products, including exclusive distribution agreements. However, breaches of such agreements do not constitute intellectual property rights (“IPR”) infringement. Enforcement of distribution agreements is a matter for the parties involved, and Quickergroup does not facilitate this type of enforcement.
II. Compatibility
Quickergroup does not act on notices seeking to remove or modify accurate statements that indicate compatibility with trademarked products. If a product listing accurately and truthfully states that it is compatible with a trademarked product, Quickergroup will not process notices challenging the use of the trademarked sign in such cases.
III. Jurisdiction
When submitting a notice to Quickergroup for infringement involving a registered trademark, patent, or design, the intellectual property in question must be registered in the country where the notice is filed. Quickergroup will not address IPR infringement notices related to trademarks, designs, or patents registered outside the jurisdiction of the requested takedown. For instance, if you hold a trademark registered only in Vietnam and file a notice to remove a listing on the Platform in the United Kingdom, the notice will not be processed.
IV. Parallel Imports
Unless explicitly prohibited by the laws of the country where the IPR infringement notice is filed, Quickergroup will not process notices against parallel imports or grey market products in the countries where our Platform operates.
C. IPR Infringement Notices
To submit a notice of intellectual property rights (“IPR”) infringement, you must either own or hold an exclusive license for the IPR in question or have written and signed authorization from the rights owner or exclusive licensee to act on their behalf.
If you believe that your IPR has been violated by users, you can submit IPR Infringement Notices to Quickergroup. For detailed instructions on how to submit these notices, please refer to the “Submitting IPR Infringement Notices to Quickergroup” section.
Users have the right to appeal if their content, product, or service listings are removed from the Platform due to notices submitted by rights holders. For information on the appeal process, please consult the relevant section of Quickergroup’s Seller Center. If a User’s appeal is successful, Quickergroup will reinstate the removed content, product, or service listing.
D. Miscellaneous
- You acknowledge and agree that Quickergroup has the sole and exclusive right to interpret, implement, or refrain from implementing any terms of this policy. This includes the removal of any content or product and service listings from the Platform, taking action against any user (whether on the Platform or otherwise), and rejecting any notice of intellectual property infringement due to insufficient information, at Quickergroup’s sole discretion.
- Quickergroup reserves the right to amend this policy in response to legal and regulatory changes, shifts in the business environment, or at its sole discretion. Any changes to this policy will be announced by posting updates. The revised policy will become effective on the date specified in the announcement. Continued use of the Platform after the effective date constitutes acceptance of the revised policy. If you do not agree with the changes, you must cease using the Platform and any agreements with us will be terminated. For clarity, updated versions of the policy will supersede previous versions.
Submitting IPR Infringement Notices to Quickergroup
Intellectual Property Protection Platform (“IPIN form (Intellectual Property Infringement Notice)”)
The most efficient way to submit an IPR infringement notice to Quickergroup is through the IPIN. This form facilitates prompt processing of your takedown notices and allows you to monitor, track, and manage your infringement notices through IPIN (Intellectual Property Infringement Notice) direct communication.
To file an IPR infringement notice via the IPIN form (Intellectual Property Infringement Notice), first create a communication thread using a simple form via this link: IPIN form (Intellectual Property Infringement Notice). After starting a communication thread, you can submit infringement notices through direct communication.
Once your notice is filed through the IPIN form (Intellectual Property Infringement Notice), you can track progress through the thread communication, be informed of counter-notices from users (if any), respond to counter-notices, and withdraw complaints through your communication thread.
If your notice is accepted, we will remove the infringing content or product/service listing from our Platform and take appropriate measures against the user, in line with our policies. Actions taken against users are typically confidential and will not be disclosed to rights holders or third parties.
If your notice is deemed invalid or unsuccessful, the listing(s) in question will remain on the Platform, and no action will be taken against the user. You will receive a notification via the IPIN communication thread explaining the rejection and the reasons for it.
Submitting notices via the IPIN form (Intellectual Property Infringement Notice) enables you to save your IP rights information for future reference, keep a digital record of your notices and counter-notices in your email, and generally results in faster response times. If you prefer not to use the IPIN form (Intellectual Property Infringement Notice) form at this time, you can submit notices online at support@quickergroup.com, making sure to enter in the Subject line: ‘IPIN notice’.