Intellectual Property Policy

Intellectual-property rights are the cornerstone of fair commerce. This policy explains how SGT Cart prevents and acts on IP infringement on listings created by Sellers, and on user-generated content (reviews, Q&A, images) posted on the Platform.

1. Our role & commitments

SGT Cart is a marketplace operator, not a publisher of Seller listings. Sellers create their own product pages, set prices, upload images and write descriptions. Customers post their own reviews and Q&A. We do not pre-approve every word, but we:

• Provide a fast notice-and-takedown channel for rights-holders.
• Maintain an Anti-Counterfeit programme and a three-strike repeat-infringer policy (§6).
• Cooperate with Bangladesh's Department of Patents, Designs and Trademarks (DPDT) and the Copyright Office on enforcement.
• Honour the spirit of TRIPS Articles 41-49 on IP enforcement and the DMCA-equivalent notice-and-counter-notice process.
• Provide rights-holders with a forthcoming Brand Registry (§7) to proactively monitor counterfeits.

2. What counts as infringement

The IP categories we act on:

Generic resemblance (e.g., a black running shoe that looks vaguely like an Adidas) is not by itself infringement. Use of the brand's word mark or logo without authorisation is.

3. Notice-and-takedown procedure

1. Rights-holder sends a notice to ip-takedown@sgtcart.com with the information listed in §4.
2. SGT Cart confirms receipt within 2 business days.
3. Initial review within 5 business days. If the notice is complete and the claim is prima facie valid, we de-list the affected URL from search and the category page, mark the Listing "Under review", and prevent new orders.
4. Seller notification goes out with a copy of the (redacted) notice and a 10-day window to file a counter-notice (§5).
5. Decision — either reinstate the Listing (if a valid counter-notice is filed and the rights-holder doesn't escalate to court), keep it down, or permanently remove it after a confirmed strike (§6).

For obvious cases (counterfeit branding, identical copy of well-known trademark) we may remove the Listing immediately on notice, pending the rest of the review. The Seller is still entitled to a counter-notice.

4. What a takedown notice must contain

A valid notice must include all of the following:

1. Your full name, organisation (if any), email and phone.
2. The IP right you are asserting — trademark / copyright / design / patent — with registration number, jurisdiction and a copy of the registration certificate (or proof of ownership for unregistered copyright).
3. The exact SGT Cart URL(s) of the infringing Listing(s) and a screenshot of the offending content.
4. A statement that you have a good-faith belief the use is not authorised by you, your agent or the law.
5. A statement, under penalty of perjury, that the information in your notice is accurate.
6. Your physical or electronic signature.

Submissions that are incomplete will be returned with a request for the missing information. False or bad-faith notices may be referred to law enforcement.

5. Counter-notice by the seller

If you are a Seller whose Listing was taken down, you may submit a counter-notice to ip-takedown@sgtcart.com within 10 business days. The counter-notice must contain:

1. Your full name, address, email, phone, and TIN.
2. The URL(s) of the Listing(s) that were taken down.
3. A statement, under penalty of perjury, that you have a good-faith belief the Listing was taken down by mistake or misidentification — and the basis (you are the rights-holder, an authorised reseller, the content is in the public domain, the use is fair use under Bangladesh copyright law, etc.).
4. Documentary evidence — distribution agreement, invoice from the brand, licence, or proof that the IP claim is invalid.
5. Consent to the jurisdiction of the courts of Dhaka.
6. Your physical or electronic signature.

If the counter-notice is accepted, the Listing is restored within 10 business days unless the rights-holder confirms in writing that they have begun a court action against you.

6. Repeat-infringer policy

Sellers who accumulate strikes (one strike = one confirmed IP-takedown without successful counter-notice) face escalating consequences:

Confirmed counterfeit goods (different from generic IP infringement) follow an accelerated path — see §8.

7. Brand Registry (coming in a later phase)

We are designing a Brand Registry for rights-holders to:

• Submit a brand profile (logos, registered marks, common product variants).
• Receive automatic alerts on new Listings matching brand keywords or logos (image similarity).
• Use a fast-track takedown form pre-filled with their registration details.
• Designate authorised resellers who can list freely under the brand.

Rights-holders interested in early-access registration may email ip-takedown@sgtcart.com.

8. Counterfeit reporting

Counterfeits are products falsely bearing the trademark or trade-dress of an established brand. We treat them as a serious safety and consumer- deception risk (often substandard materials, no warranty, no recall channel).

Customers can report a suspected counterfeit through Report Counterfeit or directly to ip-takedown@sgtcart.com. Rights-holders can use the same channel.

When confirmed: the Listing is removed, all orders of that SKU are refunded in full (no return required), the Seller's Wallet is debited for the refunds, and a counterfeit strike is applied. Three counterfeit strikes results in permanent termination.

9. Contact & legal address

• IP Takedown desk: ip-takedown@sgtcart.com
• Postal: Smart Global Trade Cart — IP Desk, Mirpur, Dhaka 1216, Bangladesh
• Acknowledgement SLA: 2 business days · Decision SLA: 5 business days for clear cases, 15 days for complex.