It is the service that reporting is received for the case where it is concluded that the goods on sale in the Marpple Shop infringed on the portrait right or were made with unauthorized use of the third party’s copyrighted work, and where the breach of internal policy of the Marpple Shop was made by the creator.
Whether the goods, in fact, infringed on the third party’s rights can’t be judged by Marpple Shop, but be investigated and determined by the related institution with qualification, and follow-up measure shall be take accordingly. Marpple Shop temporarily holds the goods from being sold until the final ruling from the related institution is made and operates the reporting service in order to prevent any potential infringement on the rights.
As the reporting service is just a temporary method to protect customers, the customers may seek for counseling and relief procedure through related institutions for the ultimate resolution.
Marpple Shop is trying to do its best by operating a reporting service in a swift and accurate manner as a commerce platform service provider, while protecting all the related parties until the disputes between them are reasonably resolved through the due procedures.
① Copyright infringement Those (individual or group) who have due rights to the copyrighted work under infringement and those who created the original work for the goods used without permission
② Forgery goods sales The owner of the right or the proxy who are authorized to ace on behalf of the owner, for the case where goods on sale violated trademark or design right or forgery goods are sold
③ reach of internal policy of the Marpple Shop Those who can prove the breach of the internal policy of the Marpple Shop by the minor creators under the age of 14, or the creators who are not the owner of the copyright while doing a business under the name of others
Infringement on the copyright / Sales of forgery goods (Infringement on trademark and design right)
When reporting on the copyright infringement was received, the reason for the reporting (as a “corporate name or group name which have the rights” for a group / as a “the holder of the rights” for an individual) shall be notified to the creator and the reported goods will be hidden status on the Mall.
Only when creators are the owner of the copyright or those who are entitled to obtain the right, the request for resale is available. (The request for resale should be made within 14 days, and if not, the sales are hold)
The reporting thread is a space where request and creators can reach an agreement, making a settlement, and Marpple Shop doesn’t involve in the matters other than creating thread for them, as it doesn’t have copyright.
According to the Article 103-③ of the Copyright Law and Article 43-② of the enforcement decree of Copyright Law, Marpple Shop notifies those who receive the reporting of the expected date (7 days after receiving the request for resale), and the goods are restored on the expected date.
Another reporting is not available for the resale goods any more. If any dispute occurs, The parties may seek for the settlement between the parties, the deliberation by the related administrative institutions, or the rulings of court.
Only the right holders can report and request action for the forgery goods according to the Article 107 of the Trademark Law (Right of injunction for the infringement on the rights) and the Article of 113 of the Design Protection Law.
If the reported case is applicable to the Article 108 of the Trademark Law (Behaviors considered as an infringement) and the Article 114 of the Design Protection Law (Behaviors considered as an infringement)
When taking action on the forgery goods sale, we notify the creator who are selling the goods of what the infringed right is (as a “corporate name or group name which have the rights” for a group / as a “the holder of the rights” for an individual)
Creators can register answers to the thread only when they are able to prove their selling goods are not forgery goods, but a real brand.
The reporting thread is a space where request and creators can reach an agreement, making a settlement, and Marpple Shop doesn’t involve in the matters other than creating thread for them, as it doesn’t have copyright.
When the reporting on the breach of the internal policy of the Marpple Shop was received, the reason for the reporting shall be notified to the creator and a hidden thread is created for that.
If the creator registers the answer proving there is no breach of the internal policy of the Marpple Shop, such answer shall be reviewed internally, and the reporting is resolved.
If the answer is not registered within 14 days and the breach of the internal policy is identified after deliberation, shop operation is held.