Stonetec.online INTELLECTUAL PROPERTY RIGHTS PROTECTION POLICY
1 Intellectual Property Rights Protection Policy and Alleged Infringements
1.1This document outlines Stonetec.online’ policy (“Policy”) for dealing with notifications of alleged infringements of intellectual property rights (“IPR”), in relation to materials available on Stonetec.online’ websites or servers (each such alleged infringement, an “Alleged Infringement”), by visitors and users of this website (“Users”).
For the purposes of this Policy, “Stonetec.online” means the publisher and operator of this website
1.2Stonetec.online has established these procedures to facilitate the co-operation between Stonetec.online and Users.
1.3Stonetec.online is not an arbiter or judge. In carrying out any action instigated by Users in respect of IPR, Stonetec.online does not intend to make any decisions on whether such IPR are valid and subsisting.
2 Our Handling of Alleged Infringement
2.1An IPR owner or the agent thereof (the “Complainant”) may (and shall, if requested by Stonetec.online) complete and sign the IP Complaint Notice in the form attached in Schedule 2 to notify Stonetec.online of the Alleged Infringement (the “IP Complaint Notice”).
2.2Stonetec.online shall deal with the IP Complaint Notice in accordance with the procedures as set out in Schedule 1 hereto (the "Procedures").
2.3Stonetec.online reserves the right to amend the Procedures from time to time.
2.4Stonetec.online reserves the right not to take any further action in respect of the Alleged Infringement if the IP Complaint Notice as prescribed in Schedule 2 is not submitted, is insufficient or is incomplete, and/or the Relevant Information (as defined in Clause 3.1 below) is not provided as required or is insufficient or is incomplete, and/or any of the Procedures stipulated in Schedule 1 are not complied with by the Complainant.
3 Relevant Information
3.1The Complainant shall provide Stonetec.online with all the necessary documentation and other relevant information in respect of the Alleged Infringement (the “Relevant Information”), including, inter alia:
3.1.1Evidence of the Complainant's ownership of the IPR which is being relied upon and alleged to have been infringed:
a.Evidence of the Complainant's ownership of the IPR which is being relied upon and alleged to have been infringed:
b.In the case of trademark rights, this would include (where applicable): the certificate of trademark registration and other relevant documents issued by the applicable authorities in the Relevant Territory (as defined in Clause 4 below) relating to the trademark rights concerned.
c.In the case of patent rights, this would include (where applicable): the certificate of patent grant (complete with all relevant claims, specifications and drawings), and other relevant reports, issued by the applicable authorities in the Relevant Territory (as defined in Clause 4 below) relating to the patent rights concerned.
d.In the case of registered design rights, this would include (where applicable): certificate of registration of design issued by the applicable authorities in the Relevant Territory (as defined in Clause 4 below) relating to the registered design rights concerned.
e.Any other evidence that Stonetec.online may require depending on the specific facts and circumstances of the case. For the avoidance of doubt, Stonetec.online shall have the sole and absolute discretion to determine what shall constitute appropriate evidence of the Complainant's ownership of the IPR concerned.
3.1.2Certificate of due incorporation or registration of the Complainant company (where applicable).
3.1.3Evidence of the infringement complained of in the IP Complaint Notice including, but not limited to, website locations/links, photographs, samples, brochures, sales contracts and invoices relating to the allegedly infringing material or activity concerned.
3.1.4Any final court or arbitration judgment, order, decision or award against or any binding settlement with the alleged infringer (“Alleged Infringer”) in relation to the subject matter complained of, and/or (if applicable and available) any other legally valid and binding evidence, in each case either originating from or legally recognised in the Relevant Territory (as defined in Clause 4 below), evidencing that the relevant material or activities concerned have infringed the Complainant's IPR.
3.1.5Such other relevant documents and information as Stonetec.online may require.
4 Relevant Territory
4.1For the purpose of this Policy, "Relevant Territory" shall mean the country / region where (i) the Alleged Infringement takes place or is likely to take place; (ii) the allegedly infringing products are manufactured; or (iii) the allegedly infringing products are advertised, offered or sold.
5.1Stonetec.online does not have the power or duty to verify the identities of each individual Complainant submitting an IP Complaint Notice, the subject matter complained of or the source of the allegedly infringing material.
5.2By submitting an IP Complaint Notice and asking Stonetec.online to take action in accordance with this Policy in respect of the Alleged Infringement, each individual Complainant submitting the IP Complaint Notice agrees:
5.2.1to hold harmless, defend and fully indemnify Stonetec.online and its agents, representatives, contractors, directors, officers and employees (as well as their legal and other advisors and consultants) (collectively, the “Stonetec.online Indemnitees”) from and against any and all claims, liabilities, losses, damages, suits, actions, proceedings, judgments, fines, penalties, costs and expenses (including legal fees and expenses), of any nature whatsoever, incurred or suffered by any of them however arising from or in connection with any action that the Stonetec.online Indemnitees may take pursuant to the IP Complaint Notice;
5.2.2that such individual Complainant submitting the IP Complaint Notice will not take any legal action and/or make any claim against any of the Stonetec.online Indemnitees in respect of any matters related to the IP Complaint Notice;
5.2.4that the IP Complaint Notice and any or all of the Relevant Information and other supporting documents and information provided (or any portions or extracts thereof) may be reproduced, used, disclosed and/or published by Stonetec.online in the manner and to the extent deemed necessary or appropriate by Stonetec.online. Specifically (but without prejudice to the generality of the foregoing), Stonetec.online reserves the right to disclose any information contained in the IP Complaint Notice, or any Relevant Information or other supporting documents and information provided, in circumstances where Stonetec.online believes that disclosure is required under any law or regulation, or to cooperate with regulators or law enforcement authorities, or to protect or enforce Stonetec.online’ rights and/or interests.
To report an Intellectual Property (IP) infringement, kindly read the following Stonetec.online INTELLECTUAL PROPERTY RIGHTS PROTECTION POLICY and complete and sign the relevant form.
PROCEDURES This Schedule 1 is applicable to all Complainants.
Notification of an Alleged Infringement
1.Those wishing to notify Stonetec.online 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 Stonetec.online’ designated representative, whose details are as follows:
To:IP Officer, Stonetec.online
3.The following are examples of how to present the Alleged Infringement to Stonetec.online:
a."Model XYZ which can be found on the following hyperlink: https://www.stonetec.online/supplier/S000003/product/74849bce3f074ef5b9e40c36e661896a hair salon equipment which are identical to the novel design of Registered Patent Number 123456.
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 Stonetec.online), 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 Stonetec.online's sole and absolute opinion, any of the Relevant Information provided to Stonetec.online is or appears to be incorrect, incomplete, invalid, inapplicable, unsatisfactory or insufficient, Stonetec.online 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 Stonetec.online are provided to Stonetec.online by the Complainant.
6.Stonetec.online 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, Stonetec.online 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 Stonetec.online may require for the evaluation of the Alleged Infringement to Stonetec.online, Stonetec.online 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 Stonetec.online’ designated representative (whose details are set out in Section 1 of this Schedule 1 above).
10.If, in Stonetec.online’ 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 Stonetec.online reserves the right not to take any further action in respect of the complaint.
Investigations in respect of the Alleged Infringement
11.Should the Alleged Infringer fail to respond satisfactorily and rebut the claims of the Alleged Infringement within three working days, Stonetec.online shall remove the alleged infringing material referred to in the IP Complaint Notice.
12.Notwithstanding Section 9 of this Schedule 1 above, Stonetec.online 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.Stonetec.online 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.
Investigations in respect of the Alleged Infringement
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, Stonetec.online shall be entitled, at its sole and absolute discretion, to carry out the following:
a.Resume displaying material that has been removed pursuant to an IP Complaint Notice.
b.Where Stonetec.online has taken any other action against the Alleged Infringer, Stonetec.online may, at its sole and absolute discretion, determine the most appropriate recourse to be taken.