Schedule1

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Schedule1

To report an Intellectual Property (IP) infringement, kindly read the following GLOBAL SOURCES INTELLECTUAL PROPERTY RIGHTS PROTECTION POLICY and complete and sign the relevant form.

SCHEDULE 1

PROCEDURES

This Schedule 1 is applicable to all Complainants.

Notification of an Alleged Infringement

  • 1

    Those wishing to notify Global Sources of an Alleged Infringement shall complete the IP Complaint Notice in the form as attached in Schedule 2 and send it (together with the Relevant Information) to Global Sources’ designated representative, whose details are as follows:

    To: IP Officer, Global Sources
    Address: 30/F, 41 Heung Yip Road, Wong Chuk Hang, Hong Kong
    Email: ipofficer@globalsources.com
    Fax: + 852 – 2552 5925
  • 2

    Complainants should particularise the Alleged Infringement in as much detail as possible in order to help Global Sources to evaluate the IP Complaint Notice as effectively as possible.

  • 3

    The following are examples of how to present the Alleged Infringement to Global Sources:

    1. "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."

    2. "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.

  • 4

    If the Complainant is an agent or a parent, subsidiary, related corporation or affiliate of the owner of the IPR with which the Alleged Infringement is concerned, such Complainant must provide a certified copy of a power of attorney executed by the said owner of the IPR (or such other evidence of the Complainant’s authority as may be deemed satisfactory by Global Sources), in addition to the Relevant Information.

Investigations in respect of the Alleged Infringement

  • 5

    If the Complainant refuses or fails to satisfactorily complete and sign the IP Complaint Notice, or if, in Global Source's sole and absolute opinion, any of the Relevant Information provided to Global Sources is or appears to be incorrect, incomplete, invalid, inapplicable, unsatisfactory or insufficient, Global Sources reserves the right to refuse to handle the Alleged Infringement unless and until the IP Complaint Notice has been satisfactorily completed and signed and all further clarification, details, information or documents requested by Global Sources are provided to Global Sources by the Complainant.

  • 6

    Global Sources shall conduct investigations in relation to the Alleged Infringement to ascertain the merits of the IP Complaint Notice based upon the Relevant Information provided by the Complainant.

  • 7

    Upon receipt of the IP Complaint Notice, Global Sources will evaluate the IP Complaint Notice.

  • 8

    Upon the provision of the IP Complaint Notice, the Relevant Information and all other information and documents which Global Sources may require for the evaluation of the Alleged Infringement to Global Sources, Global Sources shall serve the IP Complaint Notice to the Alleged Infringer.

  • 9

    The Alleged Infringer will be given three full working days to rebut the claims of the Alleged Infringement in writing to Global Sources’ designated representative (whose details are set out in Section 1 of this Schedule 1 above).

  • 10

    If, in Global Sources’ sole and absolute opinion, the basis, grounds or merits of the IP Complaint Notice have not been satisfactorily established, and/or the Alleged Infringer’s rebuttal of the claims of the Alleged Infringement do not appear to be unfounded or groundless, then Global Sources reserves the right not to take any further action in respect of the complaint.

Action by Global Sources

  • 11

    Should the Alleged Infringer fail to respond satisfactorily and rebut the claims of the Alleged Infringement within three working days, Global Sources shall remove the alleged infringing material referred to in the IP Complaint Notice.

  • 12

    Notwithstanding Section 9 of this Schedule 1 above, Global Sources may take any such action as it deems necessary, including inter alia removing any material relating to the Alleged Infringement from this website as it deems appropriate.

  • 13

    Global Sources reserves the right to terminate its relationship with any Alleged Infringer who is the subject of an IP Complaint Notice, regardless of the outcome of such IP Complaint Notice.

Appeals following action by Global Sources

  • 14

    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 Alleged Infringement, Global Sources shall be entitled, at its sole and absolute discretion, to carry out the following:

    1. Resume displaying material that has been removed pursuant to an IP Complaint Notice.

    2. Where Global Sources has taken any other action against the Alleged Infringer, Global Sources may, at its sole and absolute discretion, determine the most appropriate recourse to be taken.

  • 15

    Where a Complainant would like to persist in asserting the Complainant’s claims based upon the IP Complaint Notice, Global Sources requests that the Complainant show Global Sources a relevant final court or arbitration judgment, order, decision or award in the Relevant Jurisdiction, before taking any further action.

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