MAKE IN ASIA INTELLECTUAL PROPERTY RIGHTS PROTECTION POLICY
1.) Intellectual Property Rights Protection Policy and Alleged Infringements
1.1) This document outlines Make in Asia’ policy (“Policy”) for dealing with notifications of alleged infringements of intellectual property rights (“IPR”), in relation to materials available on Make in Asia’ websites or servers (each such alleged infringement, an “Alleged Infringement”), by visitors and users of this website (“Users”).For the purposes of this Policy, “Make in Asia” means the publisher and operator of this website, Publishers Representatives Limited (a company incorporated in the United Kingdom) and its related corporations and affiliates, collectively.
1.2) Make in Asia has established these procedures to facilitate the co-operation between Make in Asia and Users.
1.3) Make in Asia is not an arbiter or judge. In carrying out any action instigated by Users in respect of IPR, Make in Asia does not intend to make any decisions on whether such IPR are valid and subsisting. Conversely, should Make in Asia decide not to carry out any action in respect of an Alleged Infringement, Make in Asia is not endorsing the display of such materials on this website.
2.) Our Handling of Alleged Infringement
2.1) An IPR owner or the agent thereof (the “Complainant”) may (and shall, if requested by Make in Asia) complete and sign the IP Complaint Notice in the form attached in Schedule 2 to notify of the Alleged Infringement (the “IP Complaint Notice”).
2.2) Make in Asia shall deal with the IP Complaint Notice in accordance with the procedures as set out in Schedule 1 hereto (the "Procedures").
2.3) Make in Asia reserves the right to amend the Procedures from time to time.
2.4) Make in Asia 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
3.1) The Complainant shall provide Make in Asia with all the necessary documentation and other relevant information in respect of the Alleged Infringement (the “Relevant Information”), including, inter alia:
3.1.1) Evidence of the Complainant's ownership of the IPR which is being relied upon and alleged to have been infringed: A. In the case of copyright, this would include (where applicable): registration certificates, and evidence of the original creation, initial publication and the Complainant's ownership of the copyright concerned. 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 Make in Asia may require depending on the specific facts and circumstances of the case. For the avoidance of doubt, Make in Asia shall have the sole and absolute discretion to determine what shall constitute appropriate evidence of the Complainant's ownership of the IPR concerned.
3.1.2) Certificate of due incorporation or registration of the Complainant company (where applicable).
3.1.3) Evidence 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.
3.1.4) Any 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.
3.1.5) Such other relevant documents and information as Make in Asia may require.
4.) Relevant Territory
4.1) For 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.
5.1) Make in Asia 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.
5.2) By submitting an IP Complaint Notice and asking Make in Asia to take action in accordance with this Policy in respect of the Alleged Infringement, each individual Complainant submitting the IP Complaint Notice agrees:
5.2.1) To hold harmless, defend and fully indemnify Make in Asia and its agents, representatives, contractors, directors, officers and employees (as well as their legal and other advisors and consultants) (collectively, the “Make in Asia 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 Make in Asia Indemnitees may take pursuant to the IP Complaint Notice;
5.2.2) That such individual Complainant submitting the IP Complaint Notice will not take any legal action and/or make any claim against any of the Make in Asia Indemnitees in respect of any matters related to the IP Complaint Notice;
5.2.4) That 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 Make in Asia in the manner and to the extent deemed necessary or appropriate by Make in Asia. Specifically (but without prejudice to the generality of the foregoing), Make in Asia 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 Make in Asia believes that disclosure is required under any law or regulation, or to cooperate with regulators or law enforcement authorities, or to protect or enforce Make in Asia’ rights and/or interests.
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