IP Policy

To report a suspected violation of intellectual property rights, please review the GLOBAL SOURCES INTELLECTUAL PROPERTY RIGHTS PROTECTION POLICY and complete the provided form. 

GLOBAL SOURCES INTELLECTUAL PROPERTY RIGHTS PROTECTION POLICY

1. Intellectual Property Rights Protection Policy and Alleged Infringements

1.1 This policy ("Policy") outlines B2B.Africa' approach to handling notifications of alleged intellectual property rights ("IPR") infringements related to content available on B2B.Africa websites or servers (each alleged infringement, an "Alleged Infringement"), by website visitors and users ("Users").

For clarity, "B2B.Africa" refers to the website publisher and operator, Publishers Representatives Limited (a South Africa incorporated company), encompassing its parent company, subsidiaries, related corporations, and affiliates collectively.

1.2 B2B.Africa has established these procedures to foster collaboration between itself and its Users.

1.3 B2B.Africa acts neither as an arbitrator nor a judge. When responding to User actions regarding IPR, B2B.Africa does not assess the validity or subsistence of such rights. Conversely, if B2B.Africa chooses not to take action regarding an Alleged Infringement, this does not endorse the display of such materials on its website.

2. Handling of Alleged Infringement

2.1 An IPR owner or their designated representative (the "Complainant") may (and shall, if requested by B2B.Africa) complete and sign the IP Complaint Notice form provided in Schedule 2 to formally inform B2B.Africa of the Alleged Infringement (the "IP Complaint Notice").

2.2 B2B.Africa will address the IP Complaint Notice according to the procedures outlined in Schedule 1 (the "Procedures").

2.3 B2B.Africa reserves the right to modify the Procedures periodically.

2.4 B2B.Africa reserves the right to refrain from further action regarding the Alleged Infringement if the prescribed IP Complaint Notice in Schedule 2 is not submitted, is insufficient, or incomplete. This also applies if the Relevant Information (as defined in Clause 3.1 below) is not provided as required, or is insufficient or incomplete, and/or any of the Procedures stipulated in Schedule 1 are not adhered to by the Complainant.

3. Relevant Information

3.1 The Complainant must provide B2B.Africa with all necessary documentation and relevant information related to the Alleged Infringement (the "Relevant Information"). This includes, but is not limited to:

3.1.1 Evidence of the Complainant's ownership of the IPR being asserted and allegedly infringed. 

• For copyright claims, this would include (where applicable): registration certificates and proof of original creation, initial publication, and the Complainant's ownership of the copyright in question.

• For trademark claims, this would include (where applicable): the trademark registration certificate and relevant documents issued by the applicable authorities in the Relevant Territory (as defined in Clause 4 below) concerning the trademark rights.

• For patent claims, this would include (where applicable): the patent grant certificate (comprising all relevant claims, specifications, and drawings), along with relevant reports issued by the applicable authorities in the Relevant Territory (as defined in Clause 4 below) concerning the patent rights. 

• For registered design rights, this would include (where applicable): the certificate of registration of design issued by the applicable authorities in the Relevant Territory (as defined in Clause 4 below) regarding the registered design rights.

• Any other evidence B2B.Africa deems necessary based on the specific case details. For clarity, B2B.Africa retains sole and absolute discretion in determining appropriate evidence of the Complainant's ownership of the IPR concerned.

3.1.2 Certificate of due incorporation or registration of the Complainant company (where applicable).

3.1.3 Evidence of the infringement detailed in the IP Complaint Notice. This includes, but is not limited to, website locations/links, photographs, samples, brochures, sales contracts, and invoices related to the allegedly infringing material or activity.

3.1.4 Any final court or arbitration judgment, order, decision, or award against, or any binding settlement with, the alleged infringer ("Alleged Infringer") concerning the subject matter of the complaint. This also includes (if applicable and available) any other legally valid and binding evidence, originating from or legally recognized in the Relevant Territory (as defined in Clause 4 below), demonstrating that the relevant material or activities infringed the Complainant's IPR.

3.1.5 Such other relevant documents and information as B2B.Africa may require.

4. Relevant Territory

4.1 For the purposes of this Policy, "Relevant Territory" refers to the country/region where: (i) the Alleged Infringement occurs or is likely to occur; (ii) the allegedly infringing products are manufactured; or (iii) the allegedly infringing products are advertised, offered, or sold.

5. Indemnity

5.1 B2B.Africa does not have the authority or duty to verify the identity of each individual Complainant submitting an IP Complaint Notice, the subject matter of the complaint, or the source of the allegedly infringing material.

5.2 By submitting an IP Complaint Notice and requesting B2B.Africa to take action under this Policy concerning the Alleged Infringement, each individual Complainant submitting the IP Complaint Notice agrees to:

5.2.1 Hold harmless, defend, and fully indemnify B2B.Africa and its agents, representatives, contractors, directors, officers, and employees (along with their legal and other advisors and consultants) (collectively, the "B2B.Africa Indemnitees") from and against any and all claims, liabilities, losses, damages, suits, actions, proceedings, judgments, fines, penalties, costs, and expenses (including legal fees and expenses) of any nature whatsoever, incurred or suffered by any of them arising from or in connection with any action the B2B.Africa Indemnitees may take pursuant to the IP Complaint Notice.

5.2.2 Refrain from taking any legal action or making any claim against any of the B2B.Africa Indemnitees concerning matters related to the IP Complaint Notice.

5.2.3 Acknowledge that the IP Complaint Notice and all supporting documents may be disclosed to the parties complained of and confirm that such individual Complainant submitting the IP Complaint Notice has read, understood, accepted, and agreed to B2B.Africa' Privacy Policy related to this website (accessible through the "Privacy Policy" link in the website footer) and, where appropriate, has referred or will direct relevant third parties to such Privacy Policy.

5.2.4 Acknowledge that the IP Complaint Notice, any or all of the Relevant Information and other supporting documents and information provided (or any portions or extracts thereof) may be reproduced, used, disclosed, and/or published by B2B.Africa as deemed necessary or appropriate by B2B.Africa. Specifically (but without prejudice to the generality of the foregoing), B2B.Africa reserves the right to disclose any information contained in the IP Complaint Notice, or any Relevant Information or other supporting documents and information provided, in circumstances where B2B.Africa believes that disclosure is required under any law or regulation, or to cooperate with regulators or law enforcement authorities, or to protect or enforce B2B.Africa' rights and/or interests.

Schedule 1: Procedures 

This Schedule 1 applies to all Complainants.

Notification of an Alleged Infringement

1. To report an Alleged Infringement to B2B.Africa, complete the IP Complaint Notice form attached in Schedule 2 and submit it (along with the Relevant Information) to B2B.Africa' designated representative:

To: IP Officer, B2B.Africa

Email: report@b2b.africa

2. Complainants should provide as much detail as possible when describing the Alleged Infringement to assist B2B.Africa in effectively evaluating the IP Complaint Notice.

3. Here are some examples of how to present the Alleged Infringement to B2B.Africa:

• "Model XYZ, accessible at the following hyperlink: https://b2b.africa/gsol/12345678.htm, features cookware handles identical to the novel design of Registered Patent Number 123456. Refer to Figure 2 of the said registration for the layout of the patented cookware."

• "Model XYZ, accessible at the following hyperlink: https://b2b.africa/gsol/12345678.htm, displays a mark identical to the registered Trademark "XYZ" (Registration No. 123456) covering cookware."

4. If the Complainant is an agent or a parent, subsidiary, related corporation, or affiliate of the IPR owner involved in the Alleged Infringement, they must provide a certified copy of a power of attorney executed by the said IPR owner (or such other evidence of the Complainant's authority as B2B.Africa deems satisfactory), in addition to the Relevant Information. 

Investigations Regarding the Alleged Infringement

5. If the Complainant refuses or fails to adequately complete and sign the IP Complaint Notice, or if, in B2B.Africa' sole and absolute judgment, any of the Relevant Information provided to B2B.Africa is or appears to be inaccurate, incomplete, invalid, inapplicable, unsatisfactory, or insufficient, B2B.Africa reserves the right to decline handling the Alleged Infringement until the IP Complaint Notice is satisfactorily completed and signed and all further clarification, details, information, or documents requested by B2B.Africa are provided by the Complainant. 

6. B2B.Africa will conduct investigations related to the Alleged Infringement to assess the validity of the IP Complaint Notice based on the Relevant Information provided by the Complainant.

7. Upon receiving the IP Complaint Notice, B2B.Africa will evaluate its contents.

8. Once the IP Complaint Notice, Relevant Information, and any other information and documents B2B.Africa requires to evaluate the Alleged Infringement are submitted, B2B.Africa will serve the IP Complaint Notice on the Alleged Infringer.

9. The Alleged Infringer will be given three full working days to provide a written rebuttal of the Alleged Infringement claims to B2B.Africa' designated representative (details provided in Section 1 of this Schedule 1 above).

10. If, in B2B.Africa' sole and absolute judgment, the basis, grounds, or merits of the IP Complaint Notice have not been adequately established, and/or the Alleged Infringer's rebuttal of the Alleged Infringement claims do not appear to be unfounded or groundless, then B2B.Africa reserves the right to refrain from taking any further action regarding the complaint.

Action by B2B.Africa

11. If the Alleged Infringer fails to provide a satisfactory response and rebuttal of the Alleged Infringement claims within three working days, B2B.Africa will remove the allegedly infringing material identified in the IP Complaint Notice.

12. Regardless of Section 9 of this Schedule 1, B2B.Africa may take any action it deems necessary, including, but not limited to, removing any material related to the Alleged Infringement from this website as it sees fit. 

13. B2B.Africa reserves the right to terminate its relationship with any Alleged Infringer who is the subject of an IP Complaint Notice, regardless of the outcome of the IP Complaint Notice.

Appeals Following Action by B2B.Africa

14. If the Alleged Infringer provides a rebuttal to the claims in the IP Complaint Notice, presenting valid grounds (supported by evidence) to reject the claims, B2B.Africa, at its sole and absolute discretion, may:

• Resume displaying material that has been removed based on an IP Complaint Notice. 

• If B2B.Africa has taken other action against the Alleged Infringer, it may, at its sole and absolute discretion, determine the most appropriate course of action.

15. If a Complainant wishes to continue pursuing their claims based on the IP Complaint Notice, B2B.Africa requests that the Complainant provide a relevant final court or arbitration judgment, order, decision, or award in the Relevant Jurisdiction before taking any further action.