Company (as defined in the Terms & Conditions) respects all third party intellectual property. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please refer to the procedure for registration of a complaint mentioned herein below.
To facilitate and assist people and organizations protect their intellectual property rights and as a trust building exercise between Company and its users, the Company has put in place this Intellectual Property Policy (“IP Policy”) to identify and remove infringing or unlicensed items and material listed on its Platform (as defined in the Terms & Conditions) when an owner of intellectual property reports such infringement to us. The IP Policy is made in compliance with the applicable Indian Laws.
1. Intellectual Property
For the purpose of this IP Policy,”Intellectual Property” includes the following:
“Trade Marks” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from of the others and may include service marks, logos, designs, trade dress, shape of goods, their packaging or combination of colours, as are duly registered and/or pending registration under the Trade Marks Act, 1999.
“Copyrights” in, copyrighted works and copyrighted materials i.e. literary, dramatic or musical work or artistic work, owned, acquired or validly licensed to any person in terms of the Copyright Act, 1957.
Other intellectual property rights legally valid and recognised in India such as trade secrets, proprietary know-how, any patentable or non-patentable inventions, discoveries or any modifications, adaptations, derivatives or improvements of each of the above.
2. Eligibility to Report
If you are the owner/valid licensee of any Intellectual Property in any content (“IP Owner”) available/uploaded on Platform without your consent, or you believe that your content has been copied/misused in any way that constitutes infringement of your Intellectual Property rights, you may report the same to Company.
3. Procedure to report Intellectual Property right infringement
3.1 IP Owner is required to email us at legalsupport@Enativesmart.com; a notice of infringement in the format set out in SCHEDULE I here to (“Notice Form”) specifying the allegedly infringing listings on Platform.
3.2 Company, on receipt of the Notice Form, may satisfy itself with the (a) genuineness of a duly and completely filled Notice Form and (b) the veracity thereof. Basis the same, Company may:
immediately delist the infringing products from the Platform;
block the relevant supplier/reseller/vendor/merchant/advertiser account from Platform and/or bar such supplier/reseller/vendor/merchant/advertiser from listing any products on Platform.
4. Indemnity
IP Owner understands that by submitting Notice Form, IP Owner grants to Company, the right to inter alia forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Company for all claims brought by a third party against Company arising out of or in connection with the submission of a Notice Form.
5. Consequences of Incomplete/Frivolous Reporting
5.1 If the Notice Form is incomplete or Company opines (in its sole discretion) that the Notice Form is frivolous and/or fake, Company may not take any action as stated above and may, if it deems necessary, report to the relevant supplier/reseller/vendor/merchant/advertiser.
5.2 If relevant supplier/reseller/vendor/merchant/advertiser believes that a report against it is frivolous, such relevant supplier/reseller/vendor/merchant/advertiser may intimate Company about the same along with documentary proof thereof (“Counter Claim”).
5.3 Company may reactivate the account of such relevant supplier/reseller/vendor/merchant/advertiser and list the products on the Platform if Company is satisfied, in its sole discretion, of the genuineness of such Counter Claim. Company may require such supplier/reseller/vendor/merchant/advertiser to provide such information or documents, as it may deem fit for the said purpose.
5.4 You acknowledge that Company will exercise its discretion based on the documents and information provided by you and shall not independently verify the genuineness of your claim. Accordingly, Company shall not be held liable in any manner for any act/omission, so far as Company exercises reasonable and due diligence with respect to any Notice Form and/or a Counter Claim.
5.5 You acknowledge that Company is not a statutory or judicial body and may act or omit to act basis the documents provided to it either by an alleged IP Owner or relevant supplier/reseller/vendor/merchant/advertiser. You accordingly, acknowledge that Company shall not be liable for any such action or omission.
SCHEDULE I NOTICE FORM
To, E-NATIVESMART PRIVATE LIMITED
I/We, [__] [insert name] (s/d/o or a company/LLP registered under the Companies Act, 1956/2013/ Limited Liability Partnership Act 2008) residing at /having registered office at [__] [insert address], through authorized representative Mr. [__] [insert name and designation], authorized vide [__] [insert details of Board Resolution, if any] do solemnly and sincerely declare as follows.
I/We am/are the right owner of certain Intellectual Property rights, created/modified and applied for registration/registered under [__] [insert details of relevant statute]. Please see enclosed certified true copy of [__] [insert details proof of ownership of Intellectual Property by IP Owner];
I/We believe that the item listings or materials identified in the annexure attached hereto [link and other details to be provided] are not authorised by me/us, our agent, or the law and therefore infringe my/our Intellectual Property rights;
[__] [insert reasons for comprehending that the products in question violate IP Owner’s Intellectual Property rights and the basis of your decision such as test purchases, laboratory reports or such similar documentary proof].
In light of above, you are requested to expeditiously remove or disable access to the material or products claimed to be infringing from Enativesmart.com/Portal.
I/We may be contacted at:
Name- [__]
Designation & Company- [__]
Address- [__]
Email- [__]
Telephone/Fax- [__]
and make this declaration conscientiously believing it to be true and correct.
Declared by [__]
on [__] [insert date] at [__] [insert place]
Yours sincerely,
Signature
Note:
Please provide documentary proof of ownership of Intellectual Property;
Please provide documentary proof supporting your claim (if any);
Please note that all documentary proof submitted along with this Notice should be “certified as true”.
Please note that the information and documents provided in this notice may be shared with the person who is alleged to have infringed your Intellectual Property.
Please note that the Company reserves the sole right to take decision in this regard, as it may deem appropriate. Company shall not be liable for act/omission on account of verifying any claim/document thereof