Intellectual Property Rights (IPR) Protection Policy

Natafuta’s Intellectual Property Rights (IPR) Protection Policy

Overview

Natafuta.co.tz is committed to respecting, adhering to and upholding all applicable IPRs and encourages its users to respect them as well. IPR infringements are dealt with severity on the “Natafuta online marketplace” in Tanzania (“www.natafuta.co.tz”).

The (IPR) Protection

Listings of counterfeits or other unauthorized items are strictly prohibited on the Natafuta online marketplace. Such listings are subject to removal by natafuta.co.tz, and vendors/users who repeatedly breach Natafuta’s Protection Policy are subject to expulsion from the Natafuta online marketplace indefinitely

Consequences of IPR Policy Violations:

Removal of existing listings

Restriction of new listings

Removal from promotions

Account deactivation

Termination of membership service agreement

Exact enforcement actions by Natafuta for IPR infringement claims are stated in the section below

The Site has full discretion to take any enforcement action it considers necessary for situations where vendors breach its IPR Protection Policy.

Infringement Claims

All IPR infringement claims are made under penalty of perjury. IPR holders and Natafuta vendors agree to hold natafuta.co.tz in culpable of all indemnity claims, causes of action, damages and judgments arising out of any removal of product listings resultant of IPR infringement claims.

As a neutral online marketplace providing services to both customers and vendors, Natafuta does not adjudge conflicting IPR infringement claims. All conflicting claims shall be resolved by the relevant parties separately from Natafuta’s online market platforms.

IPR Enforcement Policy

Intellectual Property Rights Infringement

Intellectual Property Right (IPR) infringement is a serious offence and we at Natafuta are committed to taking serious legal actions against vendors/site users who commit such infringements on the Natafuta online market place ( Such Infringements (among others)

Include, but are not limited to:

  • Dishonest and unfair use of copyrighted or trademarked information in product descriptions, store names or hyperlinks; (General)
  • Dishonest and unfair use of copyrighted, trademarked or patented information in the listing and sale of a product; (General)
  • Listing and sale of copyrighted, trademarked or patented product without proof of consent from the IPR license holder. (Serious)

Enforcement Actions for IPR Infringement(s)

General infringement

Infringement claim
by Natafuta customer
Enforcement actions on reported vendor
Initial Instance Seller is sent a warning and is advised on how to detect and avoid counterfeits.
Second Instance Seller is sent a serious warning and advised once again on how to detect and avoid counterfeits.
Third Instance Seller must provide a Certificate of Authenticity within five days; failing which will result in reported product being removed from the site.
Fourth Instance Seller must provide a Certificate of Authenticity within five days; failing which will result in reported product being removed from the site.
Fifth Instance Seller must provide a Certificate of Authenticity within five days; failing which will result in vendor account being deactivated and vendor being banned from the site indefinitely

Serious infringement

Infringement claim
by IPR holder
Enforcement actions on reported vendor
Initial Instance Reported product is immediately removed. Seller is requested to provide Certificate of Authenticity within five days; failing which will result in vendor shop being quality controlled.
Second Instance Reported product is immediately removed. Seller is sent serious warning and requested to provide Certificate of Authenticity within five days; failing which will result in vendor shop being quality controlled.
Third Instance Seller account is immediately deactivated. Seller is requested to provide Certificate of Authenticity within five days; failing which will result in vendor being banned from the site indefinitely.

NOTE:

  1. All IPR infringement claims made for the same product within five days of first complaint count as one complaint. The first complaint is considered.
  2. IPR holders must provide proof of the IPR infringed when raising a complaint against a vendor.
  3. Where a seller has received one or more infringement warnings, Natafuta has the right to refuse or restrict this seller’s participation in promotions on the site and affiliated Natafuta marketing channels.
  4. In case of serious non-compliance, Natafuta has the right to immediately deactivate the seller account without refunding service fees for the remaining contractual period.
  5. Warnings are cumulatively counted on a six-month basis, which means that all infringements are on record for 182 days after the first infringement, except where the vendor account has been deactivated.
  6. Sellers whose accounts have been deactivated for IPR infringements are banned from the site and can face further legal charges and or actions if they attempt to create a new vendor account under a different name