Enforcement Actions for Intellectual Property Rights Infringements Claims on Madeinindonesia.com

Reasons for Removal

Calculation of Penalty Points

Complaint by IPR Owner

6 penalty points incurred per complaint

Note: The first complaint will not incur any penalty points, all complaints based on the same intellectual property right received within 5 days upon the first complaint shall be counted as one complaint.

Any subsequent complaints received from the sixth day upon the first complaint shall incur 6 penalty points per complaint, and multiple complaints based on the same intellectual property right received within a day shall be counted as one complaint. 

The relevant time is calculated from the time when the complaint is received.

MADEININDONESIA.COM random check

Each infringement shall incur 2 penalty points to a maximum of 6 points per day. When the infringement is a serious one (including but not limited to sale of counterfeits in trade disputes), each infringement may incur 4 penalty points to a maximum of 12 points per day.

The term “complaint” herein refers to a complaint that is successful, including circumstances where a complaint is filed but no counter-notice is submitted by the user within the specified time limit, or where the counter-notice submitted by the user is rejected.

Number of Strikes

Enforcement

First Strike

Restriction for 7 days+Examination (Restriction for 30 days if the examination is not passed within 7 days)

Second Strike

Restriction for 14 days+Examination (Restriction for 60 days if the examination is not passed within 14 days)

Third Strike

Account termination

Notes:

1.        “3 Strikes” is adopted as a principle of penalizing serious intellectual property rights infringements on MADEININDONESIA.COM. Every complaint about serious infringements is counted as one strike; multiple complaints of serious infringements against the same user within three days shall be counted as one strike. The relevant time is calculated from the time when the first complaint is received. The account will be terminated once three strikes are accumulated on the same user.

2.        The term “complaint” herein refers to a complaint that is successful, including circumstances where a complaint is filed but no counter-notice is submitted by the user within the specified time limit, or where the counter-notice submitted by the user is rejected.

3.        Except for the terminated accounts caused by 3 strikes, the user receiving a strike is required to pass the intellectual property rights tutorial and examination every time. The user who passes the examination can recover its account to normal status upon the end of the restriction term. For more details, please refer to MADEININDONESIA.COM Examination Rules.

4.        The strike caused by serious infringement is recorded for 365 days. The number of strikes is cumulative in a 365-day rolling basis. 

5.        Under certain extreme / conspicuous situations, MADEININDONESIA.COM reserves the right to terminate membership agreement or service agreement, membership account and any and all accounts determined to be related to such an account by MADEININDONESIA.COM unilaterally in its discretion and/or to implement other measures that MADEININDONESIA.COM considers appropriate.  “Extreme / conspicuous situations” include but not limited to:

Ø  Where infringing acts committed by user are considered as very serious

Ø  Where litigation has already been initiated or legal demands have been requested by intellectual property rights holder against/to MADEININDONESIA.COM

Ø  User being sued by intellectual property rights holder, or being investigated by judiciary, enforcement or administrative authorities with respect to suspected infringements

Ø  Requests from judiciary, enforcement or administrative authorities to terminate any account or take any relevant measures.