GTCOM Protection of Obligee Policy
Global Tone Communication Technology Co., Ltd. (hereinafter referred to as “GTCOM”) has always attached great importance to the compliance of its business operation. Any entity or individual (hereinafter referred to as “right holder” or “you”) can send a complaint notice to us at any time when you find that our products or services (hereinafter collectively referred to as “products”) may infringe upon your legitimate rights and interests, and we will handle your complaint promptly. In order to effectively protect the legitimate rights and interests of right holders, we formulate the GTCOM Protection of Obligee Policy with the purpose to provide procedure guidance for right holders to send a complaint notice to GTCOM, and clarify the various precautions involved in the right holder’s complaint, so as to ensure the effective implementation of the right holder protection mechanism.
I. Scope of Application
Any entity or individual may send a complaint notice to us in accordance with the specific procedures set out in the GTCOM Protection of Obligee Policy in case of any of the following circumstances:
1. Our products have infringed upon the copyright, trademark right, patent right and other intellectual property rights of the right holder;
2. Our products have infringed upon the right of name, reputation, privacy, portrait or other personal rights;
3. Our products have infringed upon the rights and interests related to personal information and other legitimate rights and interests of the right holder.
II. Specific Procedure
(I) Contents of Notice
When submitting the complaint notice, the complainants shall submit their proof of identity, specific complaint issues and preliminary evidence in the form of Annex 1 as supporting materials for the complaint notice.
The complaint notice shall include the following contents:
1. Proof of identity and relevant information of the right holder
（1） Individual right holders shall submit the following for complaints:
• True name of the right holder
• Contact number, e-mail address or other valid contact methods of the right holder
• Contact address of the right holder
• Copy of the right holder’s proof of identity
（2） Entity right holders shall submit the following for complaints:
• Name of the right holder
• Address of the right holder
• True name, contact number, e-mail address or other valid contact methods of the contact
• Registration certificate scan or copy document of the right holder or other certificates documentation for proof purposes. The document is required to be affixed by company seal if coming from corporate users
If the right holder entrusts others to make a complaint on behalf of the right holder, the proof of identity of the agent and the power of attorney signed or sealed by the right holder shall be submitted at the same time.
2. Specific Complaint Issues and Reasons
The specific complaint shall specify:
（1） The name and domain name of complained products, the specific contents that constitute the infringement of the legitimate rights and interests of the right holder and the location;
（2） The specific type of rights and interests of the right holder that products infringe upon.
The individual right holder shall sign and confirm the specific complaint when initiating a complaint; the entity right holder shall affix its seal for confirmation when initiating a complaint.
3. Preliminary Evidence of Infringement
According to the specific types of rights and interests infringed upon, the right holder must submit relevant preliminary evidence of infringement accordingly as follows:
（1） Complaints on infringement upon intellectual property
• Evidence of intellectual property ownership: including but not limited to copyright certificate, trademark right certificate, patent right certificate, certification of the first publication or release date of the work, original manuscripts, creation time stamp issued by authorities, work filing certificate and other effective ownership certification that can prove the right holder has relevant rights. If the right holder is the legal licensee of intellectual property rights and has the right to carry out intellectual property rights protection activities, relevant intellectual property authorization certificates, including license agreement and authorization statement, may be provided.
• Evidence of infringement of product contents: including but not limited to the effective evidence for infringement upon intellectual property rights such as copyright, trademark or patent right of the right holder.
（2） Complaints on infringement upon personal rights and interests
• Evidence of products infringing upon the personal rights and interests of the right holder, such as the evidence proving that products display false information, and the situation of the product disclosing privacy information, etc.
• The specific reasons for the right holder to believe that products infringe upon your personal rights and interests.
（3） Complaints of infringement upon other rights and interests
• Evidence of the product infringing other legitimate rights and interests and the specific reasons for the right holder to believe that products infringe on your legitimate rights and interests.
The right holder shall undertake that the statements and materials provided by the right holder in the complaint notice are true, valid and legal, and that it will bear all legal liabilities arising therefrom.
(II) Complaint Methods
The right holder may make a complaint by the contact information published on the official website of GTCOM (http://www.gtcom.com.cn/) or send the complaint notice and relevant materials to the following address:
16/F, China Railway Construction Plaza, 20 Shijingshan Road, Shijingshan District, Beijing
Legal Department of GTCOM
Postcode: 100131
(III) Response to the Notice
After receiving the complaint notice from the right holder, GTCOM will first conduct formal review on the relevant materials submitted by the right holder. If the information materials submitted by the right holder are incomplete, GTCOM will contact the right holder through the contact information provided by the right holder, and request the right holder to submit the missing materials.
After the formal review is completed, GTCOM will verify the infringement facts of the infringer according to the relevant materials submitted by the right holder, and will deal with it effectively, including but not limited to deleting the suspected infringing contents, and timely feedback the handling results to the right holder.
Annex 1: Notice Form of Right Holder’s Complaint
GTCOM -Notice Form of Right Holder’s Complaint
|
Right holder |
Name/title |
|
Proof of identity[1](Please submit copies of identification documents) |
|
|
|
Legal representative or person in charge of the company[2] |
|
||||
|
Correspondence address |
|
Postcode |
|
||
|
Contact[3] |
|
Tel |
|
||
|
|
|
Fax |
|
||
|
Agent |
Name/title |
|
Proof of identity[4] |
|
|
|
Legal representative or person in charge of the company[5] |
|
||||
|
Correspondence address |
|
Post code |
|
||
|
Contact[6] |
|
Tel |
|
||
|
|
|
Fax |
|
||
|
Infringing products |
Product name |
|
|||
|
Domain name |
|
||||
|
IP address |
|
||||
|
Infringement contents and location |
*Note: attachment is allowed |
||||
|
Infringement fact, reasons and evidence |
*Note: attachment is allowed |
||||
|
Compliant request |
|
||||
|
Undertaking and statement |
The right holder shall undertake that the statements and materials provided by the right holder in the complaint notice are true, valid and legal, and that it will bear all legal liabilities arising therefrom. |
||||
|
Signature (seal) of the right holder (or its agent) |
Date: |
||||
|
Remarks |
|
||||