Can you handle it after complaining, genius?

In order to protect developers' intellectual property rights such as copyright, trademark rights and patent rights and other legitimate rights and interests, Little Genius Application Market has formulated the process of informing and counterclaiming infringement complaints, and all developers should follow the standard process when safeguarding their own rights and interests.

# 1. Process introduction

#2. Complaint channels and service hours

Working hours:

Monday to Friday 08: 00- 12: 00, 14: 00- 18: 00 (except statutory holidays).

Contact information:

developer@eebbk.com

#3. About Notice of Complaint

If you find that Xiaotiancai uses other applications uploaded by the market to infringe your legitimate rights and interests, you can send a complaint notice according to the infringement complaint process. The complaint notice needs to be downloaded and filled in by the complaint notice template, including but not limited to the following contents:

#3. 1 Complainant information

individual

Name, address, identification (Chinese mainland resident ID card, foreigner passport, Hong Kong, Macao and Taiwan Home Visit Permit, etc.) and contact information (telephone number and email address). If it is an agent, you need to provide relevant authorization certification materials.

enterprise

Name, address, copy of business license and contact information (telephone and email address) of the enterprise. If the agent needs to provide relevant authorization certification materials.

#3.2 Brief introduction to complaints

Infringed application name, content URL, etc.

Objective description of infringement facts.

Complaint notification requirements: refers to what measures the complainant requires Xiaotiancai application market to take on the contents and applications provided by the respondent, such as deleting works and disconnecting links.

#3.3 Evidence supporting infringement

Ownership certificate: including but not limited to legally obtained ownership certificate of copyright or information network communication right, copyright certificate, patent certificate, trademark right certificate issued by relevant authorities, record certificate of works, date certificate of first public publication or release of works, creation manuscript, creation time stamp of works issued by authorities and other effective materials that can prove ownership of rights.

Proof that the respondent constitutes infringement: The proof of the infringement facts of the accused infringing work includes but is not limited to valid proof materials, written facts or court judgments.

#3.4 Complainant's Guarantee Statement

Promise that the materials and related statements provided in the complaint notice are true, valid and legal, and ensure that all consequences caused by the complainant's notice and related materials and documents shall be borne by the complainant. The complainant promises to remove the content and application suspected of infringement according to the requirements of the complaint notice, and bear and compensate any losses caused to the application market of Little Genius.

#3.5 Download the complaint notification template

Little genius applies the template of market infringement complaint notification. document

#4. Judge the validity of the complaint notice and forward the complaint

If the complainant fails to notify the complaint in accordance with the contents of this article, it shall be deemed that no notice has been given.

Notice of the complainant's obvious malice will not be accepted. Has been accepted, causing losses to the application market of Little Genius, it shall bear the responsibility of double indemnity.

After receiving the complaint notice that meets the requirements, Xiaotiancai Application Market will handle it according to the legal requirements and forward it to the complained party.

#5. Counter-notification of complaints

If the respondent does not recognize the complaint notice and handling measures forwarded by Xiaotiancai application market, it shall initiate an infringement counter-notice to Xiaotiancai application market within no more than 3 working days. You need to download the complaint counter-notification template and fill in the following contents, including but not limited to:

#5. 1 Complainant information

individual

Name, address, identification (Chinese mainland resident ID card, foreigner passport, Hong Kong, Macao and Taiwan Home Visit Permit, etc.) and contact information (telephone number and email address). If it is an agent, it is necessary to provide relevant authorization certificates and other supporting materials.

enterprise

Name, address, copy of business license and contact information (telephone and email address) of the enterprise. If the agent needs to provide relevant authorization certification materials.

#5.2 Introduction to Counter-notification

The name and content website of the complained infringing application.

Reasons for not accepting the complaint: including the rights claimed by the respondent, the problems of the complainant's certification materials, legal basis, etc.

Counter-notification requirement: refers to the relevant content processing requirements put forward by the respondent to Xiaotiancai application market, such as restoring deleted works or restoring links.

#5.3 Proof materials to prove non-infringement

Ownership certificate: including but not limited to copyright certificate, patent certificate, trademark certificate, work filing certificate issued by relevant authorities, date certificate of first public publication or distribution of works, creation manuscript, creation time stamp of works issued by authorities and other effective materials that can prove ownership; If it is deleted due to infringement of other rights (reputation, honor, privacy, etc.). ), should provide the corresponding certification materials.

Proof of non-infringement: The proof of non-infringement of a work includes but is not limited to valid proof materials, written facts or court decisions that do not infringe the rights and interests of the complainant.

#5.4 Defendant's Warranty Statement

Promise that the materials and related statements provided in the Counter-Complaint Notice are true, valid and legal, and promise to restore the links of relevant contents and applications according to the Respondent's Counter-Complaint Notice, and bear and compensate any losses caused to Xiaotiancai's application market.

#5.5 Download the Complaint Counter-notification Template

Little genius applies the template of market infringement complaint notification. document

#6. Counter-notification processing

If the respondent fails to make a counter-notice in accordance with the contents of this article, it shall be deemed that it has not issued a counter-notice.

If the respondent's obviously malicious counter-notification is not accepted, and it has been accepted and caused losses to the application market of Little Genius, it shall bear the responsibility of double indemnity.

After receiving the counter-notice that meets the requirements, Little Genius Application Market will handle it according to the legal requirements and forward it to the complainant, and inform the complainant that he can complain to the competent department or bring a lawsuit to the people's court.

For developers who have been complained of infringement for many times, and fail to provide effective counter-notification or the content of the counter-notification cannot preliminarily prove that the content provided by them does not constitute infringement, Little Genius Application Market has the right to stop relevant platform services. In addition, according to the specific circumstances such as the infringement circumstances and the complainant's requirements, Xiao Tiancai has the right to decide to shorten the above-mentioned complaint feedback time limit to 24 hours.

#7. Preventive measures

In order to ensure the authenticity and validity of the complaint, please give priority to providing the original relevant qualification certificates involved in the complaint certification materials and counterclaim certification materials. If the original cannot be provided, please provide a copy signed and sealed by the obligee; Please send the electronic version through the official acceptance mailbox.

If the complainant has complained to the administrative department or brought a lawsuit against the respondent to the court, please submit the acceptance certificate, the submitted evidence materials and the decision or judgment of the administrative department or the court to Xiaotiancai Application Market to help the disputed content make an effective judgment.