Report on Infringement

Purpose

To provide a clear and effective process for reporting and handling claims of intellectual property infringement on the e-commerce platform.

Section – 1 – Introduction

This policy outlines the procedure for reporting intellectual property (IP) infringement, including copyright, trademark, and patent violations, on our platform. It ensures that complaints are addressed promptly and fairly while protecting the rights of both IP holders and sellers.

Section – 2 – Definitions

• Intellectual Property (IP) Includes copyrights, trademarks, patents, and other proprietary rights
• Complainant – The individual or entity reporting the infringement.
• Respondent – The vendor or seller accused of IP infringement.
• Infringing Item – Any product or listing alleged to violate IP rights.

Section – 3 – Scope

This policy applies to all users, vendors/sellers, and third parties associated with the e-commerce platform.

Section – 4 – Reporting Procedure

Step 1: Preparation of Information

The complainant must gather the following information:

• Full name and contact details.
• Description of the IP allegedly infringed.
• Proof of ownership of the IP (e.g., registration certificates).
• Identification of the infringing item(s) (URL, product listing ID, etc.).
• Statement of good faith belief that the use of the material is not authorized by the IP owner, their agent, or the law.

Step 2: Submission of Report

Submit the report (Include all required information and any additional evidence supporting the claim) through the designated online form mentioned at the end of this page (or) via email to infringement@aaksha.in

Step 3: Initial Review

• Aaksha’s IP compliance team will acknowledge receipt of the report within 48 hours.
• The team will review the submitted information for completeness and validity.

Step 4: Notice to Respondent

• If the report is deemed valid, we will notify the respondent (seller) about the claim.
• The respondent will be required to respond within 7 days, either by disputing the claim or removing the infringing item.

Section – 5 – Respondent’s Options

1. Dispute the Claim:

• The respondent can dispute the claim by providing a counter-notice with evidence of their right to use the IP.
• The counter-notice should include:
• Seller’s details and product information.
• Justification and evidence of non-infringement.
• Statement under penalty of perjury regarding the accuracy of the counter-notice.

• Remove the Infringing Item:
• The respondent may choose to remove the infringing item from the platform voluntarily And Reply to the Infringement Notice with evidence of Removal
• No further action will be required if the item is removed.

Section – 6 – Review and Resolution

• The IP compliance team will review the counter-notice and any additional evidence provided by both parties.
• A decision will be made within 14 days, considering all submitted information.
• Both parties will be notified of the decision.

Section – 7 – Consequences for Infringement

• First Offense: Warning issued to the seller and immediate removal of the infringing item.
• Repeated Offenses: Temporary suspension of the seller’s account.
• Severe or Persistent Infringement: Permanent ban from the platform and potential legal action.

Section – 8 – Appeal Process

• Either party can appeal the decision within 14 days of notification.
• An independent review will be conducted, and a final decision will be made within 30 days.

Section – 9 – Protection Against False Claims

• Any party found to be making false claims or abusing the infringement reporting system will face account suspension or termination.
• Legal action may be taken against individuals or entities making fraudulent claims.

Section – 10 – Confidentiality

• All reports and responses will be treated confidentially.
• Information will only be disclosed to the parties involved and relevant authorities if required by law.

Section – 11 – Contact Information

For any questions or further information regarding this policy, contact us at:

Email: infringement@aaksha.in

Phone: +91 63699 32690

Section – 12 – Policy Updates

This policy may be updated periodically. Users may not be notified of changes, hence visit this page for checking the regular Updates