GS5 International Co. Ltd. and its affiliates (collectively, the “CHILIGALA Group”, “CHILIGALA”, ”we”, “us”, or “our”) respect all duly registered intellectual property rights. We take a serious stance when dealing with intellectual property infringement claims on the e-commerce platform that we operate, our mobile applications, and any other internet domain properties owned, controlled or operated by the CHILIGALA Group (collectively the "Platform").
The infringement of intellectual property rights by users of the Platform (“Sellers”) is strictly prohibited. Sellers who upload content, list products or services, or use the Platform in any manner which infringes intellectual property rights shall be subject to the measures detailed in our Platform policies, including but not limited to the issuance of non-compliance points, the suspension of Seller accounts, permanent termination from the Platform and/ or any action deemed necessary by us, including but not limited to the initiation of civil or criminal proceedings by CHILIGALA independently or in conjunction with rights holders.
A. Intellectual Property Rights Infringements
The types of intellectual property right infringement which are prohibited on our Platform include, but are not limited to:
I. Sellers listing counterfeit products or services on the Platform, including:
(1) Where Sellers apply a sign or signs identical to a registered trademark, to a product or service to establish the origin of such product or service, and the application of such sign has been conducted without the express or implied consent of the proprietor of the registered trademark, in relation to the goods or services for which that trademark is registered, or to such goods or services that are closely related to the goods or services registered;
(2) Where Sellers apply a sign or signs similar to a registered trademark, to a product or service to establish the origin of such product or service, without the express or implied consent of the proprietor of the registered trademark, in relation to the product or services for which that trademark is registered or to such goods or services that are closely related to the goods or services registered, and there exists a likelihood of confusion on the part of the public with regards to the origin of the product or services;
(3) Where Sellers reproduce, publish or distribute, artistic, literary, musical or dramatic works which are subject to copyright, and offer such works for sale on the Platform without the express or implied consent of the owner of the copyright; or
(4) Deceptive or misleading conduct by Sellers in connection with the listing of product or services on the Platform, or any conduct intended to circumvent CHILIGALA Group’s anti-counterfeiting measures.
II. Infringing content. This includes:
(1) Where Sellers reproduce artistic, literary, musical or dramatic works which are subject to copyright and use such works for the description of products or services on the Platform, without the express or implied consent of the owner of the copyright;
(2) Where Sellers use a sign or signs in connection with the description of products or services on the Platform, and such signs are identical or very similar to a registered trademark, and the application of such sign has been conducted without the express or implied consent of the proprietor of the registered trademark, in relation to the goods or services for which that trademark is registered and there exists a likelihood of confusion on the part of the public with regards to the origin, endorsement or association of the product or services and the registered trademark; or
(3) Publishing product descriptions or other information which are misleading or misrepresentative of the product listed for sale.
III. Other types of intellectual property infringement. This includes:
The infringement of any other type of intellectual property right recognized under the law of the country where the notice of infringement is filed, including, but not limited to, the infringement of patents or registered designs, or any type of intellectual property right recognized under law or by the final court order of an apex court.
B. Types of notices not accepted by CHILIGALA
I. Distribution Agreements
We respect the rights of brand owners, manufacturers, trading companies and/ or distributors to enter into agreements in relation to how their products should be distributed (such as exclusive distribution agreements). However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of agreements relating to the distribution of products is a matter between the parties to such agreements, CHILIGALA does not assist with this type of enforcement activity.
CHILIGALA does not enforce notices of infringement seeking to remove or alter true statements indicating compatibility with trademarked products. If a product detail page clearly and truthfully states the product being sold on that page is compatible with a trademarked product, CHILIGALA will not process notices directed against the use of the trademarked sign.
If you are filing a notice to CHILIGALA for the infringement of a registered trademark, patent or design, your registered trademark, patent or design must be registered in the country where you are filing the notice of infringement. CHILIGALA does not take action in respect of intellectual property notices concerning registered trademarks, designs, or patents from countries other than the country for which the take-down is requested. For example, if you are the proprietor of a trademark registered only in USA and you file a notice to remove a listing on the Platform in China your notice will be unsuccessful.
IV. Parallel Imports
Save for where expressly prohibited pursuant to the laws of the country where the intellectual property notice is filed, CHILIGALA will not process notices of infringement directed against parallel import or grey market products in the countries where the Platform is located.
C. Filing notices of Intellectual Property InfringementsPLEASE NOTE: CHILIGALA STRONGLY RECOMMENDS SENDING US AN EMAIL HERE TO SUBMIT NOTICES OF INTELLECTUAL PROPERTY INFRINGEMENT.
If you suspect that your intellectual property rights are being infringed by Sellers, you may submit notices of infringement to us by filing notices of infringement via email here.
TO SUBMIT A NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT, YOU MUST EITHER OWN, OR HOLD THE EXCLUSIVE LICENSE TO, TO THE INTELLECTUAL PROPERTY WHICH IS THE SUBJECT OF THE INFRINGEMENT NOTICE OR BE AN AGENT WITH WRITTEN AND SIGNED AUTHORIZATION FROM THE RIGHTS OWNER OR EXCLUSIVE LICENSEE TO SUBMIT NOTICES ON ITS BEHALF.
I. Filing notices of infringements
If you wish to file a notice of infringement, you must submit the following information here via email:
(1) a letter of authorization (or equivalent thereof) showing your ability to represent the rights holder in intellectual property enforcement matters;
(2) demonstrable evidence of the ownership of, or exclusive license to, intellectual property rights in the jurisdiction of the complaint (e.g. trademark certificate or copyright recordal in the relevant country);
(3) clear, specific evidence with reasons explaining why that there is a likely infringement of the IP rights, including but not limited to pictorial evidence, a side-by-side comparison or evidentiary proof of counterfeiting (test buy reports);
(4) the following points with all fields fully populated with the required details is populated; and undefined
- Name of brand owner/ rights holder
- Date of request
- Nature of complaint (trademark, design mark, patent, etc)
- Link/ File name of copyright work
- Country (where the infringements happens)
(5) your contact details, including name and return email address.
IMPORTANT NOTE: THIS INFORMATION IS REQUIRED TO PROCESS YOUR NOTICE OF INFRINGEMENT. WE WILL BE UNABLE TO PROCESS YOUR NOTICE OF INFRINGEMENT UNTIL WE RECEIVE ALL THE INFORMATION REQUESTED IN THIS SECTION.
We will process your notice of infringement once we have received all the information requested. Processing notices of infringement will take between 10 to 30 working days. If you file your notice of infringement here, you acknowledge and agree that CHILIGALA is not responsible for notifying you of the removal of any listings for products, services or content from the Platform, which are the subject of your notice.
If your notice of infringement does not contain all of information requested in this section, we will not remove the listing(s) which are the subject of your notice. In this event, you will receive a message from CHILIGALA informing you of the information that we require to process your notice. CHILIGALA shall, in its sole and absolute discretion, determine whether the information that you have provided in your notice is sufficient, whether further information is required and the types and quantity of further information that is required. We will only resume processing your notice once we have received all of the information that we have requested.
Sellers may file appeals where the content, or product or service listing(s), which Sellers have uploaded have been removed from the Platform as a result of notices filed by rights holders through email here. Sellers should refer to the relevant section of CHILIGALA in Seller Center for more information regarding the appeal process. Where appeals by Sellers are successful, CHILIGALA will reinstate the content, or product or service listing(s), which has been removed.
D. Miscellaneous(1) YOU ACKNOWLEDGE AND AGREE THAT CHILIGALA HAS THE RIGHT TO FULLY AND FINALLY INTERPRET AND / OR IMPLEMENT, OR WITHHOLD FROM IMPLEMENTING, ANY OF THE TERMS OF THIS POLICY, INCLUDING THE REMOVAL OF ANY CONTENT, OR PRODUCT OR SERVICE LISTINGS FROM THE PLATFORM, THE RIGHT TO TAKE ACTION AGAINST ANY USER (WHETHER ON THE PLATFORM OR OTHERWISE), TO REJECT ANY NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT FOR THE LACK OF SUFFICIENT INFORMATION AT CHILIGALA’S SOLE AND ABSOLUTE DISCRETION.
(2) CHILIGALA reserves the right to amend this policy in accordance with changes to laws and regulations, changes in business environment or at its sole and absolute discretion. We will announce all changes to this policy by posting updates. The amended version of this policy will come into force on the date specified in the announcement. Your continued use of the Platform, including accessing or visiting the Platform in any way, following the changes taking effect constitutes your acceptance of such changes and if you do not agree to any changes to this policy, you must discontinue the use of the Platform (except to the extent required herein) and any agreement you have with us will be terminated. For the avoidance of doubt, newer versions of the policy supersede older versions.
Last update: 06 August 2020