support policy

Intellectual Property Rights Infringement Policy

Hi Shop is committed to a healthy and safe e-commerce environment and ensuring that the products on our e-commerce platform(s) do not infringe upon intellectual property rights (“IPR”). We take seriously any claims of IPR infringement on our e-commerce platforms, including any mobile applications, and any other internet domain properties owned, controlled or operated by Hi Shop (collectively, “we”, “us”, “our” or “Platform”).

The infringement of IPR on our Platform by third party sellers or other users of Platform services (“Users”) is strictly prohibited, and those who upload content, list products or services, or use the Platform in a manner which infringes IPR are subject to our Platform policies and penalties, including temporary or permanent account suspension and legal action.

This policy page provides an overview of the basics of intellectual property and some common IPR questions that might Hi Shop, particularly if selling on our Platform. Please note that neither this policy page nor its content constitutes legal advice. If you have questions about IPR, either yours or the IPR of others, we recommend that you consult your legal representative. Information for Rights Holders

Information for Rights Holders

Types of Intellectual Property

Trademarks

Copyrights

Patent Rights

Design Rights

Types of Takedown Requests Not Accepted

Breach of Contract

Permitted Fair Use

Jurisdictional Considerations

Information for Rights Holders

Hi Shop is dedicated to a healthy and safe e-commerce environment and ensuring that the products on our e-commerce platform(s) do not infringe IPR. If you are a rights holder and you believe your IPR has been infringed, and you would like to submit an allegation of infringement, you may do so by completing and submitting our .

Types of Intellectual Property

Trademarks

Trademarks are words, symbols, logos or designs that distinguish goods from those offered by others. Trademarks act as ‘source identifiers’ and help consumers identify and distinguish between products. In this way, consumers can identify and purchase products they like. Geographical indications operate in much the same way and can be considered a geographic subset of trademarks. Trademark law and its protections have as one of its purposes (some would say the main purpose of trademark law) is the prevention of consumer confusion about the source, or which party is the provider, of products.

As a result, where there is a likelihood of consumer confusion regarding identical or similar trademarks, one owner may be able to prevent uses by others. There are many factors that help determine which trademark uses may, and may not, rise to the level of infringement such as the degree of uniqueness in the trademark, the goods for which the trademark is registered, how long the trademark has been used and registered, etc. Importantly, trademark rights are geographic in scope, and a registered trademark that is used as the basis for a complaint must be registered in the relevant jurisdiction for our platform, e.g., the European Union (EU) or relevant member state where our Platform offers services.

Given the legal complexities and factors involved, Hi Shop is not be able to adjudicate disputes between parties whether there is a likelihood of confusion between similar, but not identical, marks. Counterfeit products, however, bear a false trademark that is identical to (or substantially indistinguishable from) a registered trademark, used in connection with the same goods or services as the registered trademark, but without the approval of the genuine trademark owner, and are intended to deceive, or likely to deceive or cause mistake or confusion among, consumers. Counterfeit goods are strictly prohibited on our Platforms and sellers determined to be offering counterfeit goods may be subject to permanent suspension and legal action.

Copyrights

Copyright is a collection of rights granted to authors of protects “works of authorship” and the protections of copyright law are granted upon creation of an original work and registration of original work is generally not required. Copyright protection extends to a variety of works that we encounter on a daily basis, including books and novels, plays and other theatrical works, audio recordings such as songs, audio-visual works such as movies, computer software, photographs, drawings, etc.

Patent Rights

Patent registration in Europe is available for technical inventions that are new, involve an inventive step and have industrial application. Inventions are described as meeting these requirements if it was not known to the public, is not obvious to a person skilled in the art, and can be manufactured or used industrially. An invention can be a product, process or an apparatus.

Applicants fully disclose their invention through the application and registration process, which makes valuable technical information publicly available. If the patent is granted, the patent owner can, in turn, prevent third parties from commercially exploiting their invention without permission during the period of the patent registration.

Patents are valid in individual countries for specified periods, and are generally granted by a national patent office. As described above with respect to trademarks, the asserted patent must be registered in the country corresponding to the Hi Shop platform where the NTD is submitted.

FAQs and other information regarding patents, and the patent application process, is available from the European Patent Office 

Design Rights

Designs specify how products look and the EU Design Regulation defines design as the appearance of any industrial or handicraft item that results from its lines, contours, colours, shape, texture, materials and/or ornamentation.

A design that is intrinsically linked to the appearance of an industrial or handicraft item such that it creates an overall impression of the product to an informed consumer, may be afforded protection under European law. More information about community designs is 

Where a design is protected, the rights holder may prevent the manufacturing, importation / exportation, marketing, putting on the market or offering for sale a product incorporating a protected design (or to which the design is applied) without their consent.

Types of Takedown Requests Not Accepted by Hi Shop

breach of contract

While Hi Shop respects the right of third parties such as brand owners, manufacturers and distributors to enter into agreements regarding their relationships and the manufacture and distribution of products, notifications based on breach of such agreements (which do not constitute intellectual property infringement) will not be accept.

fair use allowed

Submitted notifications of legally permissible IP uses, such as demonstrating compatibility with a product in a manner that constitutes fair use, will not be accepted.

jurisdictional considerations

Any user and merchant need to abide by all laws and regulations of the local area and Hi Shop, and Hi Shop reserves the right of interpretation.

Merchants of Hi Shop should strictly abide by the regulations:

1. When a customer places an order, the merchant should pay the supplier in time to ensure the smooth delivery of the goods. If the merchant fails to pay the payment in time within 24 hours, the merchant will be frozen.

2. All withdrawal applications will not be accepted before the merchant has processed all order payments.

3. If the merchant is punished for violating the platform regulations, if the merchant is punished repeatedly during the punishment period, the punishment time will be postponed for one month.

Intellectual property is territorial and has a limited geographic scope. As noted above, if you allege infringement of registered intellectual property rights, you must register with the Member State or European institution (as the case may be) in which you filed your notification of infringement. Hi Shop will not act upon notifications of alleged infringement of intellectual property rights limited to other jurisdictions.