For all our products, after deducting production procurement costs and shipping logistics expenses, we maintain a net profit margin of only 5-10% at maximum.
SHOEACC / CEO FARR
INTELLECTUAL PROPERTY POLICY
Last Updated: May 15, 2025
Policy No.:IP-2025-001
Policy No.:IP-2025-001
1. Scope of Application
This Infringement Policy applies to the SHOEACC foreign trade independent website (hereinafter referred to as the “Site”). The Site primarily engages in the sale of footwear and related accessories, particularly products involving collaborations with cartoon/animation intellectual property (IP), illustrators, or newly developed design patents.
2. Types of Infringement
(1) Trademark Infringement
Unauthorized use or imitation of registered trademarks, logos, service marks, brand names, or other commercial identifiers on footwear accessories sold on the Site, which may cause consumer confusion regarding product origin, sponsorship, or affiliation.
(2) Copyright Infringement
Unauthorized use of copyrighted original works (e.g., cartoon character designs, animation plots, illustrations) on footwear accessories, including but not limited to reproduction, modification, distribution, display, or creation of derivative works without permission.
(3) Patent/Design Infringement
- Traditional Patent Infringement Manufacturing, using, selling, or importing footwear accessories that infringe valid patents without the patent holder’s authorization.
- New Design Patent Infringement Producing products whose overall or partial appearance (e.g., shape, pattern, color combinations) resembles a registered new design patent, causing consumer confusion or misidentification.
(4) Trade Secret Infringement
Acquiring, using, or disclosing third-party trade secrets through improper means, including creative concepts, production processes, marketing strategies, customer lists, or other confidential information related to IP collaborations.
3. Compliance Measures
(1) Supplier Due Diligence
Before partnering with suppliers, the Site conducts comprehensive due diligence, requiring suppliers to provide documentation proving their products and designs do not infringe any intellectual property rights. For IP-related collaborations (e.g., cartoon/animation IP or illustrators), suppliers must disclose the legal source and authorization status of the IP/works. Suppliers must also provide written declarations confirming no infringement of new design patents.
(2) Original Design and Authorization Verification
- In-House Designs
- Retain complete design records (e.g., sketches, discussion logs, creation dates) to prove originality.
- File patent applications promptly for products involving new design patents.
- Collaboration Authorization
- Collaborators (e.g., IP holders or illustrators) must provide valid authorization documents specifying scope, duration, usage rights, and obligations.
- Copyright agreements must clarify ownership, usage limits, and rights to derivative works.
- For new design patents, define ownership and usage rights in writing.
- No collaboration-based products will be launched without explicit authorization.
(3) Regular Audits and Training
- Audits
- Conduct periodic reviews of products to identify potential IP risks, focusing on compliance with collaboration terms and design patents.
- Suspend and investigate products with suspected infringement risks.
- Training
- Train employees on IP laws (trademarks, copyrights, patents) and risk identification.
- Emphasize new design patent procedures, infringement criteria, and best practices for resolving disputes.
4. Collaboration Guidelines
(1) Scope
Applies to all collaborations with cartoon/animation IP holders or illustrators, covering product development, production, and sales.
(2) Revenue Sharing
Collaboration agreements must define revenue distribution (e.g., sales proceeds, licensing fees) based on contributions, market expectations, and other factors. For new design patents, clarify profit-sharing from licensing.
(3) Termination Clauses
Agreements must specify termination conditions (e.g., breach of confidentiality, unauthorized IP usage, force majeure). Upon termination, handle product removal, inventory disposal, financial settlements, and consumer notifications. Post-termination copyright and design patent ownership must be clearly addressed.
5. Material Usage Restrictions
- Use IP/illustrator materials only within authorized scopes (e.g., product design, marketing).
- Prohibit unauthorized modification, adaptation, or redistribution (e.g., combining illustrations into new patterns).
- Ensure compliance with design patent authorizations to avoid imitation.
6. Infringement Handling Process
(1) Internal Response: Removal and Investigation
- Monitoring and Complaints
- Maintain dedicated channels for IP infringement reports.
- Product Removal
- Suspend suspected infringing products immediately and label them “Under Investigation.”
- Investigation
- Form a cross-departmental team to verify design sources, authorizations, and sales data.
- For design patent disputes, conduct professional comparisons to assess similarity.
(2) Compensation and Legal Standards
- Negotiation
- Negotiate compensation based on infringement severity, scope, and losses.
- Consider factors like creation costs, market value, and sales data.
- Legal Compliance
- Follow statutory compensation standards if negotiations fail.
- Cooperate fully with judicial authorities.
(3) External Actions
- Provide courts with sales records, design documents, and authorization proofs.
- Collaborate with IP protection agencies and industry associations for dispute resolution.
7. Disclaimers and Liability Exemptions
- The Site strives to comply with IP laws but cannot eliminate all risks due to market complexity.
- The Site is not liable for indirect or unforeseeable damages arising from undetected infringements despite reasonable diligence.
- Third-party negligence (e.g., suppliers, collaborators) causing infringement does not incur liability on the Site, provided due diligence was performed.
Policy Updates
This policy will be revised as laws, business needs, or market conditions change. Updates will be published on the Site.
Address
2706D,6f, Times Building A, No. 89 LongCheng Aenue, Shangjing Community, Longgang District Shenzhen City, China.
Phone
Phone: (+86)-17-6886-55122
Support@shoeacc.com
SHOEACC
Effective Date: May 15, 20