Infringement Complaint Guidelines
As a platform service provider, MstockX provides the following infringement complaint guidelines in accordance with relevant laws and regulations such as the E-Commerce Law. This process is used when the right holder finds that the relevant content displayed on MstockX infringes the intellectual property rights of the right holder or others , the IP infringement complaint/report process initiated to MstockX.
At the same time, please understand that an infringement complaint is a serious legal act, please read this guide carefully before submitting a complaint/report to MstockX. When you submit a complaint/report, it also means that you bear the responsibility for the guarantee in item 3 of this guideline.
1. The scope of complaints accepted by the platform is as follows:
1. Trademark infringement, such as the use of identical or similar trademarks;
2. Copyright infringement, such as unauthorized use of third-party copyrighted works, or the sale of unauthorized copies;
3. Patent infringement, such as design patent infringement;
4. Serious infringement by community users, such as plagiarizing other people's works, impersonating official or other people's accounts, etc.; if you complain about a small amount of news (below 5), it is recommended to directly use the app's dynamic complaint function, which is more convenient for your submission and subsequent processing;
5. Other intellectual property infringements.
2. The materials to be prepared are as follows:
Please be aware that if the notice of rights protection you submit lacks the materials that should be provided in accordance with the law, or fails to guarantee the authenticity of the documents you submit, it will affect the progress of your rights protection processing.
Please pay attention to the complaint/appeal materials, which will be forwarded according to law. If there are materials that cannot be forwarded in the documents you submit to the platform, please package and compress the files that can be forwarded as attachments, and name and indicate the attachments for the materials to be forwarded. Otherwise, the platform will consider that all materials can be forwarded. The complainant/respondent is requested to judge and decide whether the transferred information is sufficient to meet the statutory notification conditions.
1. Complaint/Whistleblower Identity Proof
According to relevant national laws and regulations, when making infringement complaints and appeals, you should provide your own real identity information, and complaints without real identity information will not be accepted.
(1) The complainant/reporter is a natural person, please provide: a scanned copy or copy of the front and back of the ID card (copy should be signed);
(2) If the complainant/reporter is a legal person or other organization, please provide: a scanned copy or copy of the business license (the copy should be stamped with the official seal);
(3) If the rights holder entrusts an agent to complain, please provide the power of attorney (the content of authorization requires the authority to report complaints related to intellectual property rights, and the authorization requires the seal of the rights holder and the signature of the legal representative) and the identity certificate of the agent. Materials (identification materials requirements are the same as item (1));
(4) If you need to complain about the infringement of the portrait right through this path, please provide a photo of the portrait right person holding the ID card (the ID card information must be clearly visible).
2. Proof of ownership of rights
Including but not limited to the copyright certificate, trademark right certificate, patent right certificate issued by the relevant authority, certification materials of the first public publication or release date of the work, creation manuscript, the creation time stamp of the work issued by the authoritative organization, the work record certificate, etc. A valid ownership certificate that the right holder has the relevant rights.
For example, when complaining about infringement in a community dynamic, if the right holder’s right is a work of art, the ownership certificate may be a work document that can prove the completion time of the creation, a screenshot of the personal homepage of the specific account of the right holder’s published work, the link to the published work, and the content of the work. Screenshots of the works at the time of publication, etc.
3. Proof of infringement by the complainant
The account information of the respondent, the complete link to the complaint and the description of the complaint. For example, if the right of the right holder is a design patent, it should submit a description of the infringement comparison between the right and the act being complained of.
For example, when complaining about infringement in a community dynamic, the proof materials of infringement include links and screenshots of all the infringing content (should correspond to the links/screenshots of the original content).
4. About non-Chinese documents
If the complaint materials contain non-Chinese documents, it is recommended to submit Chinese translations translated by qualified institutions; if your non-Chinese documents are documents outside of China, it is recommended that you ask legal professionals how to submit certified and translated documents. Otherwise, it is likely to affect the processing progress of the complaint.
We sincerely remind that non-Chinese documents are likely to be inapplicable and regarded as invalid documents, and even if the complaint is accepted, it may be successfully appealed in the follow-up processing.
5. "Mstockx User Infringement Complaint Notice" (please fill in according to the requirements in the "Notice")
3. Warranty Statement
Complainants/Whistleblowers shall guarantee in writing that the submitted statements and related materials are true, valid and legal, and undertake to bear all legal consequences arising from this complaint, including but not limited to Mstockx users and Mstockx users taking actions based on the complaint and reporting. any loss to Mstockx.
4. Acceptance of requirements and timeliness
In order to ensure that your complaint can be dealt with effectively as soon as possible, you should ensure that the submitted materials are true, valid, clear and complete, and you should provide the original or a copy that meets the requirements (the copy should be stamped with the official seal of the legal person or the signature of the natural person's right holder), and The same complaint/reporting cause initiated by Mstockx will only be accepted once by the platform (except for other special circumstances). After we receive the above valid complaint information, we will verify it within 10 working days.
If you have filed a complaint, report or lawsuit to the administrative department or the court due to the infringement of the respondent, please submit the relevant acceptance certificate and evidential materials together when submitting the complaint application.
If you use Mstockx to file a single dynamic complaint, we will verify and process it within 3-5 working days. Please check the private message of the client community assistant for the processing progress.
