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Update time：2018-11-08 Labels： IPR Banned/Restriced Product Penalty Views：2116
I. Violation of Banned/Restricted IPR Sales
1. Violation of Banned/Restricted Sales
1.1 Violation of banned products: The products uploaded by the seller are banned by DHgate and against the Rules for Banned Products.
● Post banned products: The seller posts products that are strictly prohibited by national laws and regulations, by the laws and regulations of the country where the buyer is located, and by DHgate.
2. IPR Violation
2.1 Infringement of patent right
2.1.1 Definition: The act of using a patent for the purpose of making profits without permission of the patentee.
Patent infringement, namely passing off other's patent, is a behavior that uses non-patented products to pass off patented products, or non-patented methods to pass off patented methods, including but not limited to:
● Labeling the patent number of others on the packaging of the products manufactured or sold;
● Using the patent number of others in an advertisement or other claim material to make people believe this technology developed is the patented technology of others;
● Using the patent number of others in a contract to make people believe this technology in the contract is the patented technology of others;
● Forging or altering a patent certificate, patent document or patent application file of others.
2.2 Infringement of trademark right
2.2.1 Definition: The act of infringing the exclusive right to use a registered trademark for the purpose of making profits without permission of the right holder.
Infringement of trademark right of IPR holders includes but not limited to the following:
● Using a trademark similar to the registered trademark of the same or similar goods without the permission of the registered trademark owner;
● Selling goods that are known to contain counterfeit registered trademark；
● Forging or manufacturing without permission the registered trademark sign of others, or selling or manufacturing without permission the counterfeit registered trademark sign;
● Deliberately facilitating the infringement of the exclusive right to use a registered trademark;
● Causing other damages to the exclusive right to use the registered trademark of others.
2.3 Infringement of copyright
2.3.1 Definition: The act of infringing the copyright for the purpose of making profits without permission of the copyright owner, involving a large amount of illegal earnings or other serious circumstances.
Infringement of copyright of IPR holders includes but not limited to the following:
● Publishing the copyright owner's work without permission;
● Plagiarizing someone else's work;
● Using someone else's work without making the due payment;
● Renting without permission the work or audio/video products of the copyright owner or copyright-related right holder of film products or products, computer software or audio/video products created by the method similar to film production;
● Using the layout design of books and periodicals of publishers without permission.
II. Severe Violation of Banned/Restricted IPR Sales
3. Severe Violation of Banned/Restricted Sales
The violations include but not limited to:
● Violating the rules for banned products and releasing products that are strictly banned. For specific product categories, refer to the Rules for Banned Products
● Banned or restricted products announced by third party agencies such as card organizations and government regulatory agencies
4. Severe Violation of IPR
The violations include but not limited to:
● Frequently uploading the infringing products;
● Selling the infringing products by avoiding the site's rules or regulatory measures, like using misplaced categories, variant words, covering or smearing trademarks, or suggesting in various ways that the products are branded;
● Third party organizations like card organizations, government regulatory agencies, courts, and other international rights organizations file lawsuits or legal requirements;
● DHgate disposes of the seller's account or takes other relevant measures at the request of the judicial, law enforcement or administrative authorities.
III. Penalty for Violation of Banned/Restricted IPR Sales
5. Penalty for Banned/Restricted IPR Sales
|Yellow Cards||Penalty Type||Explanations||Penalty for Non-compliant Account||Penalty Sum|
|0||Warning||No accumulation, no limit to the account authority||First violation||Banned/restricted sales |
|3||Cyclic fund-transfer||A 30% mortgage for 30 days, $5,000 at most|| |
IPR: 3 cards per violation
|6||Cyclic fund-transfer||A 30% mortgage for 30 days, $10,000 at most|
|12||7-day freezing period||7-day freezing of shop|
|18||Shop authority downgrading||30-day authority downgrading for the whole shop|
|24||Shop blocked||Shop's sales authority closed, ordered to rectify in 180 days|
|30||Account closed||Account frozen permanently, access shut, fund frozen for 180 days||Severe violation|
Each violation record is valid for one year from the date of the violation;
The site has the right to directly close the account of sellers who have repeatedly committed infringement or got involved in serious violations.
6. Violation of Banned/Restricted IPR Sales (Third-party Complaint)
|Cause||1st violation||2nd violation||3rd violation||4th violation|
|Violate the rules for banned/restricted products (reported by card organizations)||Account closed|
Post infringing products
(reported by card organizations)
Non-fixed term freezing
|Post infringing products (reported by brand owners)||Warning||Severe warning|| |
Restricted category 7-day operation
Each complaint record is valid for one year from the date of the complaint;
Multiple complaints (or regarding multiple products) received by a seller's account from the same IPR holder in three natural days are deemed as one valid complaint.
The site will dispose of the seller's account according to the requirements of the judicial or administrative authorities, including freezing the account in a non-fixed term, closing or terminating the account.
7. IPR Responsibility Statement
7.1 DHgate respects people's intellectual property rights. For example, when applying to sell other people's brand products, the applicant needs to send the relevant IPR certificate to firstname.lastname@example.org for registration.
7.2 DHgate reserves the right to pursue damages or legal liabilities for its economic and legal losses and damage to reputation due to infringement, banned/restricted sales in the seller's account.
7.3 About the Fines
7.3.1 Who pays the fines
The seller shall pay the fines imposed by the brand owner, card organization or other international rights organizations for selling infringing/banned goods.
The seller shall pay the fines imposed by the site for violating the rules for banned/restricted sales and releasing any of these products. For specific information, refer to the Rules for Banned Products
7.3.2 How to deduct the fines
About the fines generated by the seller's account, DHgate has the right to deduct the right amount from the seller's fund account. If the seller's balance of all fund accounts is insufficient to pay the right amount, DHgate has the right to dispose of the seller's account and reserves the right to pursue related losses or legal liabilities.