AfterTheMarket Intellectual Property Policy

Effective Date: January 18, 2025

As a marketplace for creators, designers, and sellers, AfterTheMarket is committed to protecting intellectual property rights and maintaining the integrity of our creative marketplace. This Intellectual Property Policy outlines our approach to handling intellectual property matters, including how we address allegations of infringement, how rights holders can report infringement, and how sellers can respond to these reports.

This policy forms part of our Terms of Use.

1. AfterTheMarket's Role

AfterTheMarket operates as a marketplace platform comprising independent third-party sellers who:

  • Manage their own shops
  • Create their own shop policies
  • Are responsible for their inventory and shipments
  • Must comply with South African law and our platform policies

We provide the platform infrastructure, but AfterTheMarket does not:

  • Manufacture goods
  • Hold inventory
  • Ship items on behalf of sellers
  • Create or control seller content

The content uploaded to AfterTheMarket is generated by independent sellers who are not employees, agents, or representatives of AfterTheMarket. Sellers are responsible for ensuring they have all necessary rights to their content and that they are not infringing any third party's intellectual property rights.

AfterTheMarket reserves the right to:

  • Disable any listing, shop, or account that violates our Terms of Use or this Intellectual Property Policy
  • Take action against those who abuse our intellectual property policies
  • Remove content that allegedly infringes intellectual property rights when provided with a valid notice

2. Intellectual Property Rights in South Africa

This policy acknowledges and operates under South African intellectual property laws, including:

  • Copyright Act 98 of 1978
  • Trade Marks Act 194 of 1993
  • Designs Act 195 of 1993
  • Patents Act 57 of 1978

3. Reporting Intellectual Property Infringement

Rights holders who believe their intellectual property has been infringed may submit a report through:

  • Our online reporting system
  • Email to support@afterthemarket.co.za
  • Written notice to our registered address

Reports must include:

  • Clear identification of the protected intellectual property
  • Clear identification of the allegedly infringing content
  • Contact information of the rights holder
  • A statement of good faith belief in the infringement
  • A statement, under penalty of perjury, that the information is accurate and that the complainant is authorized to act on behalf of the rights holder

Upon receiving a complete infringement report, AfterTheMarket will:

  • Review the report promptly
  • Take appropriate action to remove or disable access to the allegedly infringing material
  • Notify the affected seller
  • Provide the seller with information about the report and removal

4. Seller Responses and Appeals

Sellers who believe their content was removed in error may submit an appeal that includes:

  • Clear identification of the removed content
  • A detailed explanation of why the removal was incorrect
  • Supporting documentation of their rights to use the content
  • Contact information

Appeals will be reviewed in accordance with South African law and our platform policies.

5. Repeat Infringement Policy

AfterTheMarket implements a strict repeat infringement policy:

  • We maintain records of intellectual property infringement reports
  • We may terminate selling privileges of members who receive multiple valid infringement notices
  • Terminated sellers are prohibited from creating new accounts
  • Associated accounts may also be terminated

6. Withdrawal of Claims

Rights holders may withdraw their infringement claims by:

  • Submitting a formal withdrawal notice
  • Clearly identifying the affected content and seller
  • Providing verification of their authority to withdraw the claim

Withdrawals will be processed promptly, but past infractions may still affect a seller's account status.

7. Additional Resources

For more information about intellectual property rights and our policies:

  • Visit our Seller Help Center
  • Review our Terms of Use
  • Consult the South African Companies and Intellectual Property Commission (CIPC) website
  • Seek independent legal advice

This policy is governed by South African law and may be updated periodically. Continued use of AfterTheMarket constitutes acceptance of this policy and any future amendments.

Last Updated: January 18, 2025

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