# Handling process for infringement complaints
In order to protect developers' copyrights, trademarks, patents and other intellectual property rights and other legitimate rights and interests, the imoo App store formulates infringement complaint notices and counter-notification procedures. When developers safeguard rights and interests, please follow the standard procedures.
# 1. Process introduction
# 2. Channels and service times for accepting complaints
- Working hours:
Monday to Friday 08:00-12:00, 14:00-18:00 (except statutory holidays).
- Contact:
# 3. About complaint notification
If any other Apps infringing upon your legal rights are found in the imoo App store, a notification of complaint can be sent to us according to the infringement complaint process. Before sending the complaint notification, the complaint notice template needs to be downloaded and filled in, including but not limited to the following:
# 3.1 Complainant information
Personal
Name, address, identity certificate (Chinese mainland resident ID card, foreigner passport, home-visit permit of Hong Kong, Macao and Taiwan, etc.), contact information (telephone and email). If you are an agent, you need to provide relevant certification materials.
For enterprise
Company name, address, copy of business license, contact information (telephone and email). If you are an agent, you need to provide relevant certification materials.
# 3.2 Introduction to complaint
- Name of App involved in infringement, contents, URL, etc.
- An objective description of the facts of the infringement.
- Complaint notification requirements: Refers to the complainant's request for the imoo App store regarding how to handle the contents and App provided by the respondent, such as deleting his/her work, disconnecting the link, etc.
# 3.3 Evidentiary materials for proof of infringement
- Proof of ownership: including but not limited to the ownership certificate of the copyright of the work or the right to disseminate the information via the network according to the law, copyright certificate issued by the relevant authority, patent certificate, trademark certificate, record certificate of work registration, evidentiary materials for first public release of work or date of issue, manuscript of work, timestamp for creation of work issued by the authority, etc., i.e., effective materials which can prove ownership rights.
- Proof of the respondent infringement: evidence of the infringement of the allegedly infringing work includes but is not limited to valid evidentiary materials and written factual statements or court judgments.
# 3.4 Complainant's warranty statement
The materials and related statements provided in the complaint notification are required to be true, valid and legal, and the complainant shall be responsible for all consequences incurred by the complainant's notification, as well as related materials and documents. The complainant is required to bear and compensate any losses of the imoo App store incurred by removing the alleged infringing contents and Apps according to the complaint notice.
# 3.5 Download complaint notification template
imoo App store complaint notification template for infringement.docx
# 4. Determination of validity of complaint notification and forwarding of complaint
- If the complainant fails to issue a complaint notification in accordance with the contents of this article, it shall be deemed that no notification has been issued.
- Apparently spiteful notifications from complainants shall not be accepted. If it has been accepted and caused losses to the imoo App store, the complainant shall bear the liability of double indemnity.
- After receiving a complaint notification that meets the requirements, the imoo App store shall process it and forward it to the respondent according to the legal requirements.
# 5. Counter-notification of respondent
If the respondent does not accept the complaint notification and handling measures adopted by the imoo App store, the infringement counter-notification shall be initiated to the imoo App store within a period of not more than 3 working days. The respondent is required to download and fill in a counter-notification template, including but not limited to the following contents:
# 5.1 Information of respondent
Personal
Name, address, identity certificate (Chinese mainland resident ID card, foreigner passport, home-visit permit of Hong Kong, Macao and Taiwan, etc.), contact information (telephone and email). If you are an agent, you will be required to provide relevant proof of authorization and other supporting materials.
Enterprise
Company name, address, copy of business license, contact information (telephone and email). If you are an agent, you will be required to provide relevant proof of authorization and other supporting materials.
# 5.2 Introduction to counter-notification
- Name of App involved in infringement, contents, URL, etc.
- Reasons for not accepting complaint: including rights claimed by the respondent, problems in the evidentiary materials of the complainant, and legal basis.
- Counter-notification requirements: Refers to the relevant content processing requirements for the imoo App store initiated by the respondent, such as restoring deleted works or restoring links.
# 5.3 Evidentiary materials for proof of non-infringement
- Proof of ownership: including but not limited to the copyright certificate issued by the relevant authority, patent certificate, trademark certificate, record certificate of work registration, evidentiary materials for first public release or date of issue of work, manuscript of work, timestamp for creation of work issued by the authority, etc., i.e., effective materials which can prove ownership rights. For other rights infringement (honorary rights, honor rights, privacy rights, etc.) which leads to the removal of your work, the corresponding supporting materials shall be provided.
- Non-infringement certificate: The evidence of the fact that the work is not involved in infringement includes, but is not limited to, valid evidentiary materials, written facts or court judgments that have not been involved in infringing the rights of the complainant.
# 5.4 Respondent's warranty statement
The materials and related statements provided in the counter-notification are required to be true, valid and legal, and guarantee and assume any damages to the imoo App store when the link of the contents and Apps based the counter-notification of the respondent have been restored.
# 5.5 Download complaint counter-notification template
Complaint counter-notification template for the imoo App store.docx
# 6. Counter-notification processing
- If the respondent fails to issue a counter-notification in accordance with the contents of this article, it shall be deemed that no counter-notification has been issued.
- Apparently spiteful counter-notifications from respondents shall not be accepted. If it has been accepted and caused losses to imoo App store, the respondent shall bear the liability of double indemnity.
- After receiving a counter-notification that meets the requirements, the imoo App store will process and transfer it to the complainant according to the legal requirements, and inform the complainant that it can complain to the competent authority or sue in a people's court.
- The imoo App store reserves the right to suspend related platform services for a developer who has been subject to repeated infringement complaints and cannot provide valid counter-notification, or their counter-notification cannot preliminarily prove that the contents provided do not constitute infringement. In addition, based on the specific circumstances of the infringement and the requirements of the complainant, the imoo App store has the right to shorten the feedback time limit of the above complaints to 24 hours according to a unilateral decision
# 7. Precautions
- In order to ensure the truthfulness and validity of the complaint, the relevant qualification proof involved in the complaint evidentiary materials and the counterclaim evidentiary materials, the original copies of such qualification proof are preferably required, or else please provide a photocopy of such proof with the signature and seal of the rights holder; these copies should be sent through the official acceptance email.
- If the complaining party has complained to the administrative department or filed a lawsuit against the respondent in a court, please submit the acceptance certificate, submitted evidence and decision or judgment of the administrative organ or court to the imoo App store to assist in making an effective judgment on the disputed contents.