Intellectual Property Right Infringement Policy
The Procedure for Handling Claimed Copyright Infringement

1.   General

The websites of Taiwantrade (URL: www.taiwantrade.com.tw) and/or iDealEZ (URL: www.idealez.com) (collectively the “Site”) hold by Taiwan External Trade Development Council (“TAITRA”, “we” or “us”) provide user(s) ("User") with an online platform for companies and organizations to use the services concerning business-to-business e-commerce trades, as well as other services, provided via the Site for engaging in e-commerce business.  We respect the intellectual property rights of others and expect the User of the Site to do the same.  We contractually prohibit our User from using the service to provide products and/or services that infringe third party copyright, trademark, patent and/or any other intellectual property rights, and any such unauthorized use of other User’ or third parties’ materials is strictly prohibited on the Site.
Our contact window for the matters specified herein is as follows:
Taiwan External Trade Development Council
Attention: Trade Net Center
Address: 7 Fl., 333 Keelung Rd., Section 1, Taipei 11012, Taiwan ROC
Tel: 0800-506-088 (local call)
Tel: +886-800-506-088 (international call)
Fax:+886 (2) 2757-6245
Email: member@taiwantrade.com.tw
This Infringement Policy is made in traditional Chinese.  In case of any discrepancy between the traditional Chinese version and any of its translation, the traditional Chinese version shall prevail.

2.   Copyright Infringement

(1) Takedown Notice from Right Holder
If a Right Holder of copyright or plate right, or an exclusive licensee of the same, (“Right Holder”) believes that its right is being used by a User of the Site in a way that constitutes copyright or plate right infringement, it may provide TAITRA with a notice (“Notice”) containing the follows pursuant to Chapter 6-1 of Taiwan Copyright Law:

  1. Contact information: the name, address, telephone number, fax number, email address, and other contact information of such Right Holder or its authorized agent;
  2. The name of the work of the copyright or plate right alleged to have been infringed;
  3. A statement requesting for the removing or disabling the access to the content infringing the copyright or plate right;
  4. A description sufficient to permit TAITRA to indentifying the content claimed to be infringing and the URL of such content;
  5. A statement that it is believed by the Right Holder in good faith that the use of content claimed to be infringing is unauthorized or in violation of the Copyright Law; and
  6. A representation that the Right Holder consents to any and all liabilities which may be incurred under the applicable laws if any of the information contained in the Notice is untrue or inaccurate and therefore prejudice to others.

The Notice shall be provided in writing and serviced to TAITRA by mail or fax with the physical signature or affixing of seal from the Right Holder or its authorized agent.  Right Holder or its authorized agent may send by e-mail the scan copy of the Notice with the physical signature or affixing of seal from such Right Holder or its agent to TAITRA, under which an electronic signature is not required.  In case the Notice is issued by an authorized agent, please provide us with the name of the Right Holder, together with a statement that such agent is duly authorized to act on behalf of the Right Holder.

(2) Counter Notice
A User who has posted material that allegedly infringes a copyright or plate right may send TAITRA a counter notice (“Counter Notice”) pursuant to Chapter 6-1 of Taiwan Copyright Law by providing us with the follows.

  1. Contact information: the name, address, telephone number, fax number and email address of such User or its authorized agent;
  2. A statement requesting for reinstatement of the content removed or disabled;
  3. A description sufficient to permit TAITRA to indentifying the content;
  4. A statement that it is believed by the User in good faith that the use of content is permitted under the laws and the removal or disabling of access is due to the untrue or mistaken statement of the Right Holder or its agent; 
  5. Consent to TAITRA to convey the Counter Notice to the Right Holder or its agent; and
  6. A representation that the User consents to any and all liabilities which may be incurred under the applicable laws if any of the information contained in the Notice is untrue or inaccurate and therefore prejudice to others.

The Counter Notice shall be provided in writing and serviced to TAITRA by mail or fax with the physical signature or affixing of seal from the User or its authorized agent.  The User or its authorized agent may send by e-mail the scan copy of the Counter Notice with the physical signature or affixing of seal from such User or its agent to TAITRA, under which an electronic signature is not required.  In case the Counter Notice is issued by an authorized agent, please provide us with the name of the User, together with a statement that such agent is duly authorized to act on behalf of the User.

(3) Procedure for Handling Claimed Copyright Infringement

  1. Upon receipt of the Notice of takedown, TAITRA will remove or disable the access to the challenged content and/or information within an expeditious period of time, and will transfer the Notice to the User via e-mail provided by the User to TAITRA.  TAITRA will notify the User of the action taken by TAITRA in response to the Notice and may provide the User with the contact information of the Right Holder and/or its agent so that the User may contact the Right Holder and/or its agent directly for responding.
  2. In the event the information provided in the Notice is incomplete, TAITRA may request the Right Holder or its agent to provide the supplement information.  Such request for supplement information will be issued by TAITRA in 5 working days from the receipt of the Notice via e-mail or other contact information provided by the Right Holder or its agent.  The Right Holder or its agent shall provide TAITRA with the supplement information in 5 working days from the receipt of the request for supplement information.  In the event no supplement information is provided to TAITRA or the supplement information provided is incomplete, it shall be deemed that no Notice is issued to TAITRA.
  3. When TAITRA receives a Counter Notice, TAITRA will provide the Right Holder or its agent with such Counter Notice.  TAITRA will reinstate the material in question in not less than 10 nor more than 14 working days after the Counter Notice is conveyed by TAITRA to the Right Holder or its agent unless TAITRA first receive a notice from the Right Holder or its agent that they have filed a legal action to restrain the allegedly infringing activity.
  4. In the event the information provided in the Counter Notice is incomplete, TAITRA may request the User or its agent to provide the supplement information.  Such request for supplement information will be issued by TAITRA in 5 working days from the receipt of the Counter Notice via e-mail or other contact information provided by the User or its agent.  The User or its agent shall provide TAITRA with the supplement information in 5 working days from the receipt of the request for supplement information.  In the event no supplement information is provided to TAITRA or the supplement information provided is incomplete, it shall be deemed that no Counter Notice is issued to TAITRA.
  5. In the event a User involves infringement 3 times or more, TAITRA will terminate all or part of the services provided to such User via the Site.

3.   Other IP Infringement

(1) Takedown Notice from Right Owner
If you believe that certain other IP right of yours (such as trademark or patent rights) is being infringed by a User of the Site, please provide us with the follows:

  1. A description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site (in most circumstances, we will need as least a URL);
  2. Identification of the IP right alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP right; (ii) evidence of ownership to the IP right in the relevant jurisdiction, including copies of relevant patents or trademarks registrations, certifications or other documentary evidence of your ownership; and (iii) a showing sufficient for TAITRA to determine without unreasonable effort that the IP right has been infringed; 
  3. A statement that it is believed in good faith that the disputed use is not authorized by the right owner, its agent, or the law;
  4. A statement that all of the information in the notice is accurate and that you are the IP right owner or are authorized to act on behalf of the IP right owner.
    Information sufficient to permit TAITRA to contact you or your authorized agent, including a name, address, telephone number and an email address; and
  5. Your physical signature, or a physical signature of a person authorized to act on your behalf.

(2) Procedure for Handling Claimed IP Infringement
Upon receipt of the notice as described above, TAITRA may (i) seek to confirm the existence of the IP on the Site; (ii) notify the User who posted the material including the IP; and/or (iii) take whatever action in its sole discretion as it deems appropriate, including temporary or permanent removal of the material concerned from the Site.  The User may respond to the takedown notice by showing either of the follows: (i) the claimant does not own the IP right, or the IP right has been cancelled, expired and/or lapsed; (ii) the User has an unexpired license covering the use or some other relevant right to the use of the IP, such as the right granted under a trademark registration for trademark dispute event; and/or (iii) the use is non-infringing.
If the User objects to the takedown notice, we may resume the User’s listing unless we receive notice from the right holder and/or its agent that an action has been filed against the User in a court of competent jurisdiction for infringement of the IP right.  If TAITRA decides to comply with a takedown request, it will do so within a reasonably expeditious period of time.
TAITRA may notify the User of the right holder and/or its agent’s takedown request and provide the User with the contact information of the right holder and/or its agent so that the User may contact the right holder and/or its agent directly for responding.

4.   TAITRA Has No Obligation to Adjudicate IP Claim

Claimants and Users must understand that TAITRA is not a tribunal of disputes regarding intellectual property rights.  While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims.  By taking down a listing, TAITRA is not endorsing a claim of infringement.  Similarly, in instances in which TAITRA declines to take down a listing, TAITRA does not determine that the listing is not infringing, nor is it endorsing the sale of the products in such cases.  If a User responds to a claim of infringement by providing assurances that its content is not infringing, the User agrees that if the content is thereafter reinstated or maintained, the User will defend and hold TAITRA harmless from any resulting claims of infringement brought against TAITRA (including but not limited to court expenses and attorney fees).

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NOTICE OF COPYRIGHT INFRINGEMENT
COUNTER NOTICE (COPYRIGHT)