Copyright Act Notification
The Copyright Act (Chapter 63) of Singapore and its subsidiary legislation (collectively the "Copyright Legislation") limit the liabilities of network service providers ("NSP"), including (“TaobaoSG”), in respect of various services provided (e.g. transmission, routing, provision of connections, system caching, storage of electronic material and/or online linking) under the circumstances prescribed in the Copyright Legislation.
As such, TaobaoSG (as an NSP) will not be liable inter alia in monetary damages for any copyright infringements under the circumstances stipulated in the Copyright Act, so long as TaobaoSG has complied with the relevant conditions imposed by the Copyright Legislation.
In line with the above, if a party discovers that the copyright of their material has been infringed (“Claimant”), they may send a take-down notice in a form, in accordance with the relevant requirements, prescribed in the Copyright Legislation ("Take-Down Notice"), to TaobaoSG’s Designated Representative (at the contact address listed below) in accordance with the Copyright Act. Upon receipt of a valid take-down notice, TaobaoSG will take reasonable steps to remove or disable access to the allegedly infringing material in accordance with the Copyright Act.
In certain circumstances prescribed in the Copyright Act, once the allegedly infringing material has been removed, or access to it disabled, TaobaoSG will take reasonable steps where required by the Copyright Act to notify the party who has made such material available ("Respondent"). The Respondent may send a counter-notice in the form, and in accordance with the relevant requirements, prescribed in the Copyright Legislation ("Counter-Notice"), to TaobaoSG’s Designated Representative at the contact details below. Such a Counter-Notice must be sent within the time period stipulated in the Copyright Legislation. Upon receipt of such Counter-Notice, TaobaoSG will, in accordance with the Copyright Act, take reasonable steps where required by the Copyright Act, to restore the material or access to that material (if permitted), if it is capable of doing so, except when court proceedings have been commenced by the copyright owner to prevent that material, or access thereto, from being restored, and TaobaoSG is informed in writing of such proceedings.
For Take-Down Notice (Claimant):
(a) name, address, telephone number, facsimile number (if any) and email address of the Claimant, as well as the address for service in Singapore if the Claimant is not resident in Singapore;
(b) sufficient particulars like URL or item code to enable TaobaoSG to identify the alleged infringing material and its online location;
(c) a statement that the Claimant requires TaobaoSG to remove or disable access to the material;
(d) a statement that the Claimant, in good faith, believes that the material is an infringing copy;
(e) a statement that the information in the Take-Down Notice is accurate;
(f) a statement that the Claimant is the copyright owner or exclusive licensee or that the Claimant is authorised to act on behalf of such owner or exclusive licensee; and
(g) a statement that the Claimant agrees to submit to the jurisdiction of the courts in Singapore.
For Counter-Notice (Respondent):
(a) name, address, telephone number, facsimile number (if any) and email address of the Respondent, as well as the address for service in
(b) sufficient particulars to enable TaobaoSG to identify the material that has been removed or to which access has been disabled, and its online location prior to such removal or disablement of access;
(c) a statement that the Respondent, in good faith, believes that the material was removed, or access to it was disabled, as a result of mistake or misidentification, or that such material does not infringe the copyright in any material;
(d) a statement that the information in the Counter-Notice is accurate; and
(e) a statement that the Respondent agrees to submit to the jurisdiction of the courts in Singapore.
Please note that under the Copyright Act, if a party is found to have made a statement which is false, which the party knows is false or which the party does not believe to be true, in their Take-Down Notice or Counter-Notice, then the party may:
(a) be guilty of an offence and if convicted, can be fined up to S$10,000 or imprisoned for up to 2 years; and
(b) be liable in damages to any party who suffers any loss or damage as a result of such Notice.
Kindly note that, for any infringement notice to be duly examined, we require for all notices to comply strictly with the above mentioned rules and format. Failure to follow any portion of this policy in a timely manner may result in the refusal of your application and/or processing delays.
TaobaoSG recognises and respects all copyrights and trademarks. It is our policy to take appropriate action where necessary to uphold and recognize all relevant laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. As part of our company policy on Intellectual Property Infringement, we employ stringent and deterrent measures including but not limited to, the removal of the product listing, blacklisting of sellers, or the termination of the accounts of Users who may infringe or repeatedly infringe or violate the intellectual property rights of TaobaoSG and/or others.
Thank you.
TaobaoSG Team