Intellectual Property Rules

Updated on June 29, 2021

 

Silvrr(Wisecart) strictly prohibits users from publishing products or information or selling products suspected of infringing the intellectual property rights of third parties without authorization.

If the seller posts information or sells products that are suspected of infringing the intellectual property rights of a third party, the seller may be complained by the owner of the intellectual property or buyer. The platform will also conduct random inspections of product information (including removed products) and product group names. If suspected infringement is involved, the information and products will be returned or deleted. Penalties will be carried out based on the type of infringement.

Ⅰ. Specific Rules

Type of Infringement Definition Penalty Rules
Trademark Infringement Serious Violation: Using a trademark that is the same or similar to other registered trademarks on the same kind of products without the permission of the registered trademark owner. 1)    The account of the users who have violated three times will be closed.
General Violation: Other situations where using others’ trademarks without the permission of the right holder.  

1) 0 points will be deducted for the first violation.

2) 3 points will be deducted for each subsequent violation.

3) If 24 points are accumulated in a year, the account will be closed.

 

Copyright Infringement Using copyrighted works or materials, such as texts, photos, videos, music, and software without the authorization of the right holder and constitutes copyright infringement.

Infringements at the physical level:

1) The physical product or its packaging is pirated.

2) The physical product or its packaging is not pirated, but unauthorized copyrighted works are included.

 

Information level infringements:

The situations that the product and its packaging are not infringing, but the pictures, texts, and other copyrighted works used in the store are unauthorized.

1) 0 points will be deducted for the first violation.

2) 2 points will be deducted for each subsequent violation.

3)  If 24 points are accumulated in a year, the account will be closed.

Patent Infringement Infringing others’ appearance patents, utility model patents, invention patents, appearance designs (general violations or serious violations are determined on a case-by-case basis). 1) 0 points will be deducted for the first violation.

2) 2 points will be deducted for each subsequent violation.

3)  If 24 points are accumulated in a year, the account will be closed. (If the circumstance is serious, the account will be closed after three violations).

 

1. Silvrr(Wisecart) will impose applicable penalties on relevant sellers in accordance with relevant regulations and the status when the complaint of infringing products are accepted;

2. The cumulative deduction of all general violations and copyright infringement complaints within the same day, including all established complaints (trademark or patent rights: the respondent was complained by the same intellectual property owner and did not send a counter-notification within the specified period, or sent the counter-notification which was not established; Copyright: The respondent was complained by the same copyright owner and did not send a counter-notification within the specified period, or sent the counter-notification which was not established) and the random inspections on Silvrr(Wisecart), did not exceed 6 points;

3. Silvrr(Wisecart) will regard the following situation as one violation: all serious violations within the same three days, including all established complaints (that is, the respondent was complained by the same intellectual property owner and did not send a counter-notification within the specified period; or sent the counter-notification which was not established) and the random inspections on Silvrr(Wisecart); the account will be closed for three serious violations, and the total number of serious violations is recorded without distinguishing the type of infringement;

4. Silvrr(Wisecart) reserves the right to impose penalties on the product violations and infringements in the seller’s store, including but not limited to (i) returning or deleting products/information; (ii) restricting product release; (iii) temporarily freezing the account; and (iv) closing the account. For users whose accounts have been closed, Silvrr(Wisecart) reserves the right to take measures to prevent the users from registering on Silvrr(Wisecart) again.

5. Each violation is valid for 365 days from the start of penalty;

6. If a user infringes, based on the principle of safeguarding the legitimate rights and interests of the right holder, Silvrr(Wisecart) has the right to take the measures that are considered applicable by the platform to deal with the user and its related accounts. When the user’s infringement is particularly significant or extreme, Silvrr(Wisecart) has the right to unilaterally terminate the Silvrr(Wisecart) merchant service agreement and free membership agreement with the user, and directly close the user’s account.

Under such circumstances, Silvrr(Wisecart) has the right to freeze funds in Silvrr(Wisecart) account in addition to the right to close the account directly. It is to ensure that the legitimate rights and interests of the consumers or right holders can be protected when they exercise their rights to complain, report, and litigate. “The particularly significant or extreme infringements” include but are not limited to the following situations:

The circumstances of user infringement are particularly serious;

The right holder filed a lawsuit or launched a legal request against Silvrr(Wisecart);

The user was sued by the right holder for infringement, and was filed and handled by judicial, law enforcement, or administrative agencies;

In response to the requirements from the judicial, law enforcement, or administrative agencies, Silvrr(Wisecart) deals with accounts or takes other related measures;

The products sold by users have a great impact on the factors such as product attributes, sources, sales scales, influences, damages, etc;

Other situations constitute serious infringements (for example, misplacement of categories, use of anagram words, concealment of trademarks, and other means to attract traffic).

 

7. Silvrr(Wisecart) reserves the right of final interpretation and decision on the above handling measures, etc., and also reserves all rights related to them.

8. If there are inconsistencies, ambiguities, or conflicts between the Chinese and non-Chinese versions of these rules, the Chinese version shall prevail.