Published on: 03 November 2020
Aladdin Commerce Sdn. Bhd. (Company No. 202001029541 (1385861P)), its affiliates, associates and subsidiaries (collectively “Aladdin”, ”we”, “us”, or “our”) are committed in ensuring that the products and services on its platform do not infringe upon intellectual property rights (“IPR”) and we take a resolute position when dealing with allegations of IPR infringement on the platform that we run, and any other internet domain properties owned, controlled or operated by the Aladdin (“Platform”).
It is strictly forbidden for users of our Platform (“Users”) to participate in IPR infringement on the Platform: Users who upload content, list products or services, or use the Platform in any way that violates IPR shall be subject to the course of action detailed in our Platform policies, such as the issuance of non-compliance points, the suspension of User accounts, permanent termination from the Platform and/or any action deemed necessary by us, including but not limited to the initiation of civil or criminal proceedings by Aladdin independently or in conjunction with rights holders.
1. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENTS
The classification of User IPR infringement activity which are prohibited on our Platform include, but not limited to:
1.1. Listing trademark or copyright infringing products or services on the Platform, including:
(a) Listing of products or services, without the explicit or implied permission of the proprietor of the registered trademark, which the User applies a sign or signs akin to a registered trademark, of the products or services for which that trademark is registered, or of the registered goods or services that are closely associated;
(b) Listing of products or services, without the explicit or implied permission of the proprietor of the registered trademark, which the User applies a sign or signs akin to a registered trademark, of the products or services for which that trademark is registered, or of the registered goods or services that are closely associated, and there is a possibility of public misunderstanding as to the origin of the product or service, or there is a likelihood of confusion as to the origin of the products or services; or
(c) Listing of products containing patented subject-matter that have been reproduced without the explicit or implied permission of the copyright owner.
1.2. Usage of infringing copyright or trademark material on the Platform, including:
(a) Use, without the explicit or implied permission of the copyright owner, of the patented subject-matter (e.g. photos, drawings, videos) in the description of the products or services; or
(b) The use of sign or signs in connection with the description of products or services and such signs are identical or quite similar to a registered trademark and the use of such signs has been carried out without the express or implied permission of the proprietor of the registered trademark in relation to the goods or services in respect of which that trademark is registered, and there is a possibility of public misunderstanding as to the origin, endorsement or affiliation of the products or services and of the registered trademark.
1.3. Listing products or services that violate other kind of IPR, including:
(a) Listing or products or services infringing any other form of intellectual property right recognised by the laws of the country in which the notice of infringement is filed, including but not limited to patents, registered designs or any type of IPR recognised by the law or final court order of the supreme court.
1.4. Deceptive or misleading behaviour, including:
(a) Publish description of the product or other material that is misleading or misrepresentative of the product for sale; or,
(b) Any other fraudulent or misleading actions by User in connection with the listing on the Platform of products or services, or any conduct intended to bypass the Aladdin’s anti-counterfeiting measures.
2. CATEGORY OF NOTICES THAT ALADDIN DID NOT ACKNOWLEDGE
2.1. Distribution Agreements
We value the rights of brand owners, suppliers, trading firms and/or distributors to enter into agreements with respect to the sale of their products (such as exclusive distribution agreements). Violations of such arrangements, however do not constitute violation of the IPR. We may not assist with this form of compliance action since the enforcement of agreements relating to the sale of products is a matter between the parties to those agreements.
Notices of infringement attempting to delete or change true statements suggesting compliance with trademarked goods are not imposed by Aladdin. Aladdin will not process notices directed against the use of the trademarked sign if the product description page explicitly and truthfully specifies that the product sold on that page is consistent with a trademarked product.
If you file a notice with Aladdin for infringement of a registered trademark, patent or design, the registered trademark, patent or design must be registered in the country in which you file the notice of infringement. Aladdin shall not take action with regard to notices of infringement of IPR relating to registered trademarks, designs or patents of countries other than the country for which the removal is sought. For instance, if you are the owner of a trademark registered only in Malaysia and you file a notice to delete a listing on the Platform in another country via [email protected], your notice will be ineffective.
2.4. Parallel Imports
Except where specifically prohibited under the laws of the country in which the notice of violation of the IPR is filed, Aladdin shall not process notices relating to parallel imports or products on the grey market in the countries in which the Platform is located.
3. IPR INFRINGEMENT NOTICES
TO FILE A NOTICE OF IPR VIOLATION, YOU MUST EITHER OWN, OR HOLD THE EXCLUSIVE LICENSE TO THE IPR WHICH IS THE SUBJECT OF THE INFRINGEMENT NOTICE OR BE AN AGENT WITH WRITTEN AND SIGNED AUTHORIZATION FROM THE RIGHTS OWNER OR EXCLUSIVE LICENSEE TO SUBMIT NOTICES ON ITS BEHALF.
You can send IPR violation notices to Aladdin if you believe that your IPR has been infringed by users.
Users may file appeal where as a result of notices filed by rights holders, the content, product or service listing(s) uploaded by Users have been removed from the Platform. If Users appeals are successful, Aladdin will reinstate the content or list(s) of products or services that have been removed.
(a) YOU ACCEPT AND AGREE THAT ALADDIN HAS THE RIGHT TO COMPLETELY AND FINALLY INTERPRET AND / OR ENFORCE, OR WITHHOLD FROM ENFORCING, ANY OF THE PROVISIONS OF THIS POLICY, INCLUDING THE WITHDRAWAL OF ANY CONTENT, OR PRODUCT OR SERVICE LISTINGS FROM THE PLATFORM, THE RIGHT TO TAKE ACTION AGAINST ANY USER (WHETHER ON THE PLATFORM OR OTHERWISE), TO DENY ANY NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT FOR THE LACK OF ADEQUATE KNOWLEDGE AT ALADDIN’S SOLE AND ABSOLUTE DISCRETION.
(b) Aladdin reserves the right, in compliance with amendments to laws and regulations, adjustments to the market climate or in its sole and absolute discretion, to amend this policy. Through publishing changes, we will announce any amendments to this policy. On the date stated in the notice, the revised version of this policy will enter into effect. Your continued use of the Platform, including any access to or visit to the Platform after the changes have taken effect, constitutes your approval of such changes and, if you do not consent to any changes to this Policy, you must discontinue your use of the Platform (except as required herein) and any relationship with us will be terminated. For the avoidance of doubt, newer versions of the policy supersede older versions.