Game Infringement Complaint Guideline
TapTap is a game downloading and purchase platform as well as a high quality player community. TapTap hereby formulates this guideline according to the relevant laws and regulations. Please refer to the following guideline to appeal for the protection of the legitimate rights and interests of the rights holder.
1.1 Propose to TapTap
If the rights holder believes that the information published by the third party on TapTap infringes his/her legitimate rights and interests, the rights holder shall submit a written notice to TapTap, including but not limited to:
(1) The rights holder's subject information and related materials
The rights holder's name, contact information, address, business license or permits (organization), ID card (individual), relevant authorization certificates and other materials to prove the subject qualification of the rights holder;
(2) The request of the rights holder
The link address for information which the rights holder requests to delete or modify;
(3) Preliminary certification materials that constitute infringement
This shall include:
Ⅰ. The ownership certification materials of the rights holder's rights:
including but not limited to the copyright certificate, trademark certificate, patent certificate, certification materials of the first public publication or release date of the works, creative manuscripts, creation time stamp issued by the authority, and filing certificate for the works, which can prove that the rights holder has such effective certifications of relevant rights;
Ⅱ. The proof that the game provided by the respondent constitutes infringement:
including but not limited to the effective proof materials that the information released by the respondent constitutes infringement of copyright, trademark right, patent right or other rights of the rights holder, etc.
(4) The warranty of the rights holder
The rights holder's notice shall contain the following warranties:
The statements made by the rights holder in the complaint and the relevant materials provided by the declarant are true, valid, complete and legal, and the rights holder hereby guarantees and indemnifies TapTap for any losses caused by TapTap’s deletion or modification of the infringing information or related contents according to the complaint of the rights holder, including but not limited to the damages caused by TapTap’s compensation to the respondent or users and the damage to TapTap's reputation and goodwill.
The matters that need attention in the preparation of the notice and related certification materials and the mailing address are described in the notes below.
1.2 TapTap feedback
As a neutral platform service provider, TapTap will forward the notice of the rights holder to the respondent upon receipt of the rights holder's notice of compliance with the requirements of this guideline:
(1) If the respondent recognizes the complaint from the rights holder
TapTap will handle it as soon as possible in accordance with relevant regulations;
(2) If the respondent does not recognize the complaint of the rights holder
TapTap will forward the relevant materials provided by the respondent to the rights holder. If the rights holder has any objection to the opinions of the respondent and the relevant materials provided by the respondent, TapTap suggests that the rights holder directly solve the relevant problems with the respondent through administrative complaints, lawsuits and other means. If the rights holder has new supporting materials that can fully overturn the opinions of the respondent, it can also be provided to TapTap.
(1) The rights holder in this guideline refers to the original owner of copyright, trademark right, patent right and other legitimate rights and interests or the agent legally authorized by the original owner, including natural persons, legal persons or other organizations.
(2) In order to ensure the authenticity and validity of the complaint, the original written notice and other relevant supporting materials of the rights holder shall be provided in principle, and if the original cannot be provided, the photocopy shall be provided (with the signature and seal of the rights holder on the photocopy). Any foreign (i.e. non-Chinese) materials should be notarized and transmitted according to the laws and regulations and the corresponding notarization and transmission materials should be provided.
(3) Method of notification to TapTap: scan all the above-mentioned paper materials and send them by email to TapTap’s designated email address: email@example.com
(4) The written notice of the rights holder in this guideline shall include the notice and relevant subject qualification materials, ownership certificate, infringement certificate and other materials.
If the rights holder has filed an administrative complaint or lawsuit to the relevant government department or court because of the information published by the respondent, please submit the relevant acceptance certificate and the evidence submitted to the government department or court to TapTap when submitting the complaint, which will facilitate the handling of the rights holder's complaint.