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Report Infringing Listing

1. Overview

Mustbuy is committed to trading in genuine products and combating counterfeiting and other intellectual property infringement using the guidelines below.

Counterfeiting harms the unsuspecting consumer, jeopardizes jobs and sometimes even the safety or health of the consumer. mustbuy is therefore a member of Stop Piracy and maintains cooperation with owners of trademarks, designs, copyrights and patents.

In many cases, counterfeits can only be recognized with profound specialist knowledge. For this reason, and due to the large number of current offers, mustbuy is hardly in a position to independently identify all counterfeits and remove them from the website.

In order to efficiently prevent infringements, mustbuy invites rights holders to cooperate within the framework of IPCop (Intellectual Property Cooperation Programme).

2. IPCop Guidelines 

Mustbuy adheres to the following guidelines when dealing with third-party intellectual property:

1. The marketplace is continuously and automatically searched for suspicious terms such as “piracy” or “piracy”checked

2. The corresponding results of the automatic search are individually by experienced employees checked for legal violations; Offers that must be assumed to have violated Swiss law will be deleted.

3. Rights holders will be provided with a special email address. Reports sent to this e-mail address using the form are sent directly to the department responsible for reviewing and deleting offers.

4. All reports received via the appropriate form will be given priority. The relevant department is staffed between 8:00 a.m. and 5:00 p.m. (local time) on weekdays and processes reports from rights holders. The deletion and/or feedback to the rights holder takes place on working days within a few hours.

5. Mustbuy ensures that the department entrusted with combating intellectual property infringements has sufficient human resources at its disposal at all times and that the staff is instructed accordingly in order to process complaints competently, promptly and efficiently.

6. Mustbuy ensures that the employees entrusted with combating intellectual property infringements process complaints consistently and are familiar with the question of which specific information must be obtained from the rights holder and/or the provider in each case in order to make a deletion decision.

7. Mustbuy ensures that all offers that have been the subject of a complaint and that can be judged to be unlawful with sufficient certainty under Swiss law are deleted. If the complaint does not make such an assessment appear sufficiently plausible, the rights holder and/or – if this appears necessary – the provider will be asked to provide additional relevant information as soon as possible.

8. Mustbuy checks each member’s registration by posting an activation code or a similarly reliable method.

9. Mustbuy keeps an incident log for each member account and takes all reasonable precautions to prevent permanently blocked members from gaining access to the platform again.

10. Mustbuy informs the provider of a contested and subsequently deleted offer of the reason for deletion and expressly points out the violated prohibition and the guidelines applicable to mustbuy (in particular regarding the sanctioning of offending members).

11. Mustbuy sanctions third party intellectual property infringement following policies on account suspension and member exclusion. Violation of intellectual property in bad faith will result in the suspension of the member’s account.

3. What is Allowed and what is Forbidden? 

3.1 Permitted is 

  • The sale of any kind of goods which the trademark or design owner put on the market abroad and then imported into Switzerland (so-called parallel import). An exception applies in part to patent-protected goods, see below.
  • The photographic representation of a trademark affixed to the product sold, provided it is an original.
  • The mention of the brand of the product being offered in the title and description of the offer.
  • The use of self-created photographs and self-created descriptions of the product offered.
  • The use of third-party illustrations or texts, provided that the provider has previously obtained demonstrable permission from the author.
  • The offering (and purchase) of so-called OEM software (“original equipment manufacturer software”), which was sold by the manufacturer or its sales partner solely as a “bundle”, i.e. as a package that belongs together. The software originally included in the bundle may be offered separately on mustbuy, i.e. independently of the hardware originally purchased.

3.2 It is Forbidden

  • To offer counterfeits (also called “fake”, “replica” or “counterfeit” and similar items) on mustbuy. This means goods that falsely give the impression of being original, i.e. made by the proprietor of the specified trademark or the proprietor of the counterfeit design. Whether the goods are declared counterfeit or otherwise recognizable is irrelevant.
  • To advertise goods by naming brand names, even though the goods offered were neither manufactured by the brand mentioned nor have a close functional connection with the brand (e.g. the statement “case for camera model xxx of brand yyy” is permissible). In particular, an advertisement based on a brand is prohibited, eg “similar to the famous [Brand XXX] wristwatch” or a comparative advertisement, eg “better than soccer shoes from [Brand XXX]”)
  • To advertise an offer with the help of texts, photographs or other images without being the author of this content or having received permission to use it from the author.
  • To offer patent-protected goods in Switzerland which were imported into Switzerland without the consent of the patent owner, unless the goods come from the European Economic Area (EEA) and were placed on the market there with the consent of the patent owner.

4. Information for Providers

4.1 Intellectual Property – Legal Overview

“Intellectual property”, “intellectual property rights” or “intellectual property” are collective terms for the following types of rights:

a) Trademarks 

The trademark is a sign that is suitable for goods or services of a company from such other companies. Trademarks can be words, letters, numbers, pictorial representations, three-dimensional shapes or combinations of such elements with each other or with colors. Only trademarks registered in the trademark register enjoy protection.

Registered trademarks may not be used by third parties without the consent of the owner. Third parties are therefore not allowed to affix the sign to goods, offer or market goods under the sign or use the sign on business papers, in advertising or in any other way in commercial transactions. An exception applies to original goods: goods that were originally placed on the market by the trademark owner himself may be resold if the trademark is named. Example of a brand: the famous Coca-Cola lettering.

b) Copyright 

All texts, photographs, other pictorial representations and acoustic works that are to be regarded as intellectual creations of an individual character are subject to copyright protection. They may only be used by third parties with the permission of the author.

This applies in particular to texts and images that can be found on the Internet.

c) Design 

The Design Act protects designs of products or parts of products that are characterized by the arrangement of lines, surfaces, contours or colors or by the material used as a design. For example, fashion items such as handbags or sports equipment can be subject to this protection.

d) Patents 

A patent can be granted on application for a new industrially applicable invention. The patented invention may not be used by third parties during the protection period of the patent (20 years) without the consent of the owner. For example, patents may relate to the spray head design of a paint gun.

4.2 Counterfeiting and Piracy 

4.2.1 Counterfeiting

A counterfeit is an object that has been designed in violation of protected trademarks, designs, indications of source or patents in such a way that its appearance or functionality largely or entirely corresponds to the product of the right holder serving as a model.

So-called imitations, plagiarism, imitations, “fakes”, “counterfeits” and “replica” also fall under the term of forgery defined in this way.

4.2.2 Piracy 

Piracy is the unauthorized copying of works and services that are protected by copyright or related property rights. A copy created in this way is also referred to as a pirated copy.

4.3 Bundle Software (OEM Software) 

So-called OEM software (“original equipment manufacturer software”) is sometimes distributed by the manufacturer or its sales partner solely as a “bundle”, i.e. as a package that belongs together. The software that originally belonged to a bundle may be offered and sold separately on mustbuy, i.e. independently of the hardware originally purchased, because the copyright exploitation protection is exhausted with the first placing on the market or sale of the work copy.

In rare cases, the resale of software purchased in a bundle by the Although the first purchaser violates his contractual obligations towards the first distributor. However, contractual ties between a company and the first-time buyer supplied by it only apply between the contracting parties and therefore have no influence on the admissibility of offers on mustbuy.

4.4 Statutory Penalties and Data Release

Statutory Penalties

In addition to claims for damages and injunctive relief, the Copyright Act, the Trademark Act, the Design Act and the Patent Act provide for penalties of up to one year imprisonment or a fine for violations of rights.

Data Release 

mustbuy AG may be obliged by law and official orders to release the data of a member who has infringed the intellectual property of a third party

4.5 Sanctions on Mustbuy

Offers that violate intellectual property of third parties according to Swiss law are prohibited on mustbuy. mustbuy sanctions violations of intellectual property in detail according to the following guidelines:

1. Every offer that mustbuy becomes aware of which is reasonably certain to be infringing will be deleted. The provider will be informed of the reason for deletion and expressly pointed out the relevant prohibitions.

2.

a) The provider will be blocked if there is sufficient certainty that he has violated the intellectual property of third parties with one or more offers and was either commercially active or there are other indications that he did not commit the infringement in good faith.

b) The provider will be blocked regardless of his good faith if one of his offers is deleted for the third time due to an infringement of intellectual property and there were at least 24 hours between the individual deletions.

At the latest, the third suspension of the offending member is definitive, i.e. the member is excluded from using the mustbuy marketplace for an indefinite period. However, a definitive ban can already be imposed before the third ban.

5. Information for Rights Holder

As an intellectual property what can you expect from the mustbuy?

Mustbuy adheres to the following guidelines when dealing with the intellectual property of third parties:

Mustbuy checks and deletes all offers reported using a sufficiently completed form, which can be assumed with sufficient certainty that they violate intellectual property rights according to Swiss law.

The form requests the information mustbuy needs to process your complaint quickly and reliably.

If the information provided by the rights holder is not sufficient to make an infringement appear sufficiently certain, mustbuy will contact the rights holder and/or (if deemed necessary) the provider to request further information.

6. Report Infringing Listing

Spotted a fake or pirated copy? Has a member used your copyrighted artwork? Please report counterfeiting or other violations of your trademarks, copyrights, design rights or patents to us.do this, please use the form that you can find on the following email: [email protected]

 

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