SCHEDULE 1
PROCEDURE
Presentation of the Infringement Complaint
- Those wishing to present an Infringement Complaint should complete the IP Complaint Notice: and send it to Global Sources at service@globalsources.com with the Relevant Information.
- Complainants should particularise the suspected infringing product(s) in as much detail as possible in order to help Global Sources to evaluate the Infringement Complaint as effectively as possible.
- The following are examples of how to present Infringement Complaints to Global Sources:
- "Model XYZ which can be found on the following hyperlink: http://www.globalsources.com/gsol/12345678.htm contains handles of cookware which are identical to the novel design of Registered Patent Number 123456. See Figure 2 of the said registration for the layout of the patented cookware."
- "Model XYZ which can be found on the following hyperlink: http://www.globalsources.com/gsol/12345678.htm contains a mark which is identical to the registered Trademark "XYZ" (Registration No. 123456) covering cookware.
- If the Complainant is an agent or a branch/subsidiary company for the owner of the IPR with which the Infringement Complaint is concerned, such Complainant must provide a certified copy of a power of attorney executed by the said owner of the IPR in addition to the above documents.
Investigations in respect of the Infringement Complaint
- If the Complainant refuses or fails to satisfactorily complete and sign any complaint form prescribed by Global Sources, or if, in Global Source's sole and absolute opinion, any of the Relevant Information provided to Global Sources are or appear to be incorrect, incomplete, invalid, inapplicable, unsatisfactory or insufficient, Global Sources reserves the right to refuse to handle the Infringement Complaint unless and until the IP Complaint Notice has been satisfactorily completed and signed and all further clarification, details or documents requested by Global Sources are provided to Global Sources by the Complainant.
- Global Sources shall conduct investigations in relation to the Infringement Complaint to ascertain the merits of the Infringement Complaint based upon the Relevant Information provided by Complainant.
- Upon receipt of the IP Complaint Notice, Global Sources will evaluate the Infringement Complaint.
- Upon the provision of the IP Complaint Notice, the Relevant Information and all other documents which Global Sources may require for the evaluation of the Infringement Complaint to Global Sources, Global Sources shall serve the IP Complaint Notice to the Alleged Infringer.
- The Alleged Infringer will be given three full working days to rebut the claims of the Infringement Complaint in writing to Global Sources at service@globalsources.com.
Action by Global Sources
- Should the Alleged Infringer fail to respond satisfactorily and rebut the claims of the Infringement Complaint within three working days, Global Sources shall remove the alleged infringing information referred to in the IP Complaint Notice.
- Notwithstanding clause 9 of Schedule 1 above, Global Sources may take any such action as it deems necessary, including inter alia removing any such information relating to the Infringement Complaint from www.globalsources.com as it deems appropriate.
- Global Sources reserves the right to terminate its relationship with any Users against whom an Infringement Complaint has been filed [more than TWO (2) times in any given calendar year regardless of the outcome of such Infringement Complaints].
Appeals following action by Global Sources
- Where the Alleged Infringer rebuts the claims in the IP Complaint Notice, and provides appropriate grounds (with supporting evidence) for rejecting the claims contained in the Infringement Complaint, Global Sources shall be entitled, at its sole and absolute discretion, to carry out the following:
- Resume displaying information has been removed pursuant to an Infringement Complaint.
- Where Global Sources has taken any other action against the Alleged Infringer, Global Sources shall, at its sole and absolute discretion determine the most appropriate recourse to be taken.
- Where a Complainant would like to persist in asserting his claims based upon the IP Complaint Notice, Global Sources requests that the Complainant show Global Sources a final decision or order in a court of a competent jurisdiction before taking any further action.