Intellectual Property Policy
Intellectual Property Policy
Last Date Updated: Jan 18th 2024
JLC respects the intellectual property rights of copyright owners and requires users of our site and services to do the same. Violations of our Copyright Policy We will remove any infringing or unauthorized material and, in appropriate circumstances, terminate the user accounts of users of our online sites and services for repeated violations of intellectual property rights or for repeated submissions of unauthorized content.
The contents posted in the JLC Sites are protected by copyright laws, international copyright law treaties, and other intellectual property laws and treaties (“IP Rights”). The Policy apply to complaints and appeals regarding infringement of rights arising from information posted by users on the platforms owned by JLC, including but not limited to the following.
1. Reporting claims of copyright infringement
1.1 Submit a Copyright Infringement Complaint
If you believe that the goods sold, services provided or information displayed on JLC platforms infringe your legitimate rights and interests, you may email or post a letter to us with a written notification, which shall include but not be limited to the following.
• Subject information and related materials of the Complainant: including the name (company name), contact information, address, business license (unit) or ID card (individual) of you, relevant authorization certificate and other materials proving the subject qualification of you.
• The name and web address of the allegedly infringing content: that you request to be removed or disconnected.
Prima facie evidence of infringement, including
• Documents proving ownership: including but not limited to copyright registration certificate, trademark registration certificate, patent right certificate issued by the relevant authority, documents proving the date of first public publication or issue of the work, manuscript of creation, work creation timestamp issued by the authority, work registration certificate, etc, which can prove that the right holder has the relevant rights. If you are not the original right holder of the intellectual property right, relevant authorization and licensing materials like licensing contract and certificate of filing are also required.
• Documentary proof of infringement: including, but not limited to, valid proof of infringement of copyright, trademark or patent rights of the right holder and written statement of facts, etc.
Provide a link to the infringing content details page.
• The Complainant guarantees
Your warranty in the written notification shall include the following:
“The statements made and materials provided by me in the notification are true, complete and legally valid. And I assume all legal liability arising therefrom, including but not limited to any damage caused to JLC as a result of JLC’s taking down the relevant content in accordance with my notification.”
1.2 Notification Procedure
Upon receipt of the notice, we will examine the form of the notice, and if the notice does not meet the aforementioned requirements, you shall submit additional relevant evidential materials or other materials to us within 5 working days, and you shall cooperate, and if you fail to complete the notice after the deadline, we will consider the infringement notice invalid and you have withdrawn it.
If the notification meets the aforementioned requirements, we will process it as soon as possible in accordance with the relevant laws and regulations.
2. Appeal
2.1 The respondent submits a notice of appeal
If you are the complained party, after receiving the relevant infringement complaint materials forwarded by us, and you think that the content provided by the party does not infringe the rights of the right holder, you shall submit a written complaint to us within 5 working days according to the following guidelines, and the contents of the complaint shall include but not limited to the following:
• Subject information and related materials of the Respondent
Include the name (company name), contact details, address and business licence (unit), identity card (individual) of the party complained against, proof of relevant authorisation and other materials proving the subjective qualification of the party complained against.
• The Respondent requests
The name and specific web address corresponding to the content or link requested by the party complained against to be restored, if any.
• Prima facie evidence of non-infringement, specifically
Proof of the Respondent's rights: including, but not limited to, copyright registration certificate, trademark registration certificate, patent right certificate issued by the relevant authority, proof of the date of first public publication or release of the work, manuscript of the creation, work creation timestamp issued by the authority, work registration certificate, IPR license contract, authorization letter, etc. which can prove that the Respondent owns the relevant rights.
Proof that the content provided by the Respondent does not constitute infringement: including, but not limited to, valid proof that the content provided by the Respondent does not constitute infringement of copyright, trademark or patent rights, written reasons for non-infringement and a statement of facts, judicial documents in force, etc.
• The Respondent guarantees that
You shall expressly warrant the following in your Notice of Appeal:
“The statements and materials provided by me in the Notice of Appeal are true, complete and valid, and that I assumes all legal liability arising therefrom, including but not limited to any damages caused to JLC as a result of JLC’s retaining or reinstating the content in accordance with the Notice of Appeal by me.”
• Appeal Handling procedure
If the notice of appeal does not comply with the aforementioned requirements, you shall submit additional evidence or other materials to us within 5 working days and you shall cooperate with us.If the notice of complaint meets the above requirements, we will process it as soon as possible in accordance with the relevant laws and regulations and will forward the relevant materials provided by you to the complaining party.
2.2 The parties agree that
• The right holder refers to the original owner or the right holder legally authorized by the original owner of the copyright, trademark, patent and other legal rights and interests, including natural persons, legal persons or other organizations, etc.; the complained party refers to the publisher or distributor of the content under JLC and its associated platforms who is complained by the right holder of infringement.
• If a complaint or appeal does not meet the conditions set out in the law or in The Policy, we may assume that no complaint or appeal has been made and will not deal with it.
• We are not an authority to deal with disputes and have no authority to determine infringement of intellectual property rights. We judge and deal with the dispute in accordance with The Policy in the event of a dispute to the extent that a company would normally do so. The complainant and the respondent agree that you do not dispute this and do not hold JLC liable for it.
• After we have taken the necessary measures or dealt with a complaint or appeal in accordance with The Policy, if the parties still disagree, we recommend that you take formal legal action such as accusation, and we will give final treatment in accordance with the results of the competent authorities in accordance with the law.
• In order to ensure the authenticity and validity of complaints and appeals, written notifications and other relevant supporting documents from the parties concerned should, in principle, be provided in original or, if the original cannot be provided, in photocopy (on which the signature/signature of the right holder should be provided). Furthermore, if the documents are foreign, they should be notarised and transmitted in accordance with the provisions of the law, and the corresponding notarised transmission documents should be provided at the same time.
• If the party concerned has already filed an administrative complaint or litigation with the relevant administrative department or judicial authority in respect of the disputed matter, the relevant proof of acceptance and the evidentiary materials submitted to the administrative department or judicial authority should be submitted to us together with the notice, in order to enhance the efficiency of handling the disputed matter.
• The complaining party should conduct its rights protection activities in accordance with the requirements of The Policy and relevant laws and regulations. For those who abuse intellectual property rights to make malicious complaints and crowd out competitors, they are suspected of constituting unfair competition and should bear legal responsibility according to the law, and we reserve the right to pursue their legal responsibilities if they cause losses to us as a result.
3. How to submit an IPR Infringement Complaint Notice?
The relevant material can be submitted to us in two ways as follows.
(1)Send a legible scan of all the aforementioned paper copies to us by email to at marketing@jlcpcb.com
(2)By sending the foregoing written notice and other relevant supporting documents by post to our designated address as follows.
Address: Unit 21 on 28th Floor, Metropole Square, No.2 On Yiu Street, Shatin, New Territories, HONG KONG, China.
4. REPEAT INFRINGERS
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Sample:
IPR Infringement Complaint Notice
To: JLC3DP
The complaining party_________________owns the_________________(fill in the specific name of the rights) trademark/copyright/patent rights (please select the corresponding rights) . The supporting documents are as follows.
Identity materials on the subject of the complaint, such as:
• Registration certificate (unit) or ID card (individual) ;
• Other materials proving the subject qualification like relevant authorization certificate.
Documents proving ownership, such as:
• Copyright/trademark/patent right certificate issued by the relevant authority;
• Documents proving the date of first public publication or issue of the work;
• Manuscript of creation;
• Time stamp of creation of the work issued by the authority;
• Certificate of filing of the work, etc, which can prove that the right holder has the relevant rights..
If you are not the original right holder, relevant authorization and licensing materials such as licensing contract, certificate of filing are also required.
We hereby notify you that we confirm that the following goods, services or links to information published by them infringe our intellectual property rights as described above. The details are as follows.
• Modes and grounds of infringement (describe in detail the specific features of the infringement).
• As of: [MM] [DD], 20XX (hereinafter referred to as the "Complaint Deadline"), the full breakdown of infringing goods or information is (see link for details)
Infringing user name/UID, if any | Description of the IP work infringed (image, text, video, etc.) | URL or location description to confirm infringing material (required) | The time and number of times a substantiated complaint has ever been filed by us/me |
Complaint party promises: the complaining party has a good faith belief that use of the material by the respondent is not authorized by the copyright owner, its agent, or the law.
Complaint party promises: all the statements contained in this Notice and its attachments are true and valid legal statements. We(the complainant) undertake that if JLC is subject to any claim, litigation or administrative liability brought by any third party in accordance with this Notice, we will assume the corresponding liability and make JLC exempt from liability.
Both JLC and the user under complaint may contact us/me (the complaining party) at the following details.
Mail Address:
Postal Code:
Contact person:
Phone:
Contact email:
Signature or stamp:
Date:
5. Notify JLC3DP
If there are any infringement of your intellectual property rights on JLC3DP, you can notify us by submitting relevant materials in accordance with the Intellectual Property Policy, and we will promptly handle your feedback in strict accordance with the procedures in the Intellectual Property Policy, and take necessary measures (deletion, blocking, disconnection of links or restriction of the use of functions, etc.) to deal with it when necessary. If you find any violation of JLC3DP, you can also report to us through the above-mentioned means, and we will also deal with your feedback in a timely manner.
Last updated on Feb 19,2024