Luvo is an open marketplace as we provide a platform where buyers and sellers can easily come together to complete the purchase of goods and services.
Being an open platform means that some users can unintentionally (or intentionally) fall foul of the law and breach someone else’s Intellectual Property(IP).
As we fully respect the IP of others, and to help protect ourselves, we need to make sure we have a policy in place that outlines how to make a complaint as well as give details of how we will handle any claims for infringement that we receive.
What is intellectual property(IP)?
As defined by the World Intellectual Property Office (WIPO): Intellectual property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
There are a lot of categories that fall within the scope of intellectual property, with the main areas of law being patents, copyright, and trademarks.
How to report an infringement?
Throughout the Luvo platform, we have provided a number of ways where infringements can easily be reported. Specific areas include Report a Listing, Report an Offer and Report a User. These areas are the 3 most likely areas in which an infringement may occur.
To report an infringement, the easiest way will be to select one of the options above or alternatively you can email us at firstname.lastname@example.org .
When reporting, be sure to include details of
- What has been infringed, and outline what your rights are in relation to the infringed material.
- Where on Luvo the infringement has taken place, ideally you will be able to give the web link of where you have seen the infringement.
- Your contact details, name, email, telephone, and address.
- If the request relates to a copyright infringement, provide evidence that you are the legal owner and include an affirmation that you are the rights holder (or their authorised representative).
How will we handle infringement reports?
On receipt of a valid Notice that clearly indicates the source of the infringing material, our Compliance Team will
- Acknowledge that we have received your complaint via email.
- Remove the infringing material from our website.
- Contact the user who is identified as being the subject of the Notice and give them the details of the complaint.
- The user will then be given 30 days to reject the basis of the Notice and if so to give evidence that they are authorised to use the content that is part of the Notice.
- The content that forms the basis of the complaint will not be made available until the user has proven to the satisfaction of our Compliance Team that there has not been a breach of any law.
- If a complaint is upheld we may at our discretion disable the user’s account.
Intellectual Property Policy and Infringement Claims v1.0 (1st May 2017)