IPR Complaints
In this document
Introduction
Businesses that use SorviAI publish material of their own through it: storefront catalogues, product photography and descriptions, logos, attachments and documents. Where that material is public, anyone can reach it, including the owner of a work it copies.
This page is the route for that owner. It sets out what a notice has to contain, where to send it, and what we do once it arrives. It is written for someone who is not our customer and has no reason to be reading anything else on this site.
What it does not do is decide who owns anything. We host the material, we did not create it, and we are not equipped to settle a dispute about authorship or a licence. We act on notices that are properly made, we pass a counter-notice back to whoever sent the notice, and the parties resolve it between themselves or before a court.
What this page is for
It is for reports that material published through SorviAI by one of our customers infringes intellectual property you own or are authorised to act for.
That includes:
- Public storefronts. Catalogue pages, product images and product copy served from a SorviAI address.
- Uploaded material. Logos, images, attachments and documents a customer has published through the platform.
- Portal content. Material a customer has made reachable to their own customers or suppliers.
It is not the route for:
- A commercial dispute with one of our customers. Pricing, delivery, refunds and contract terms are between you and them. We have no standing in it.
- A complaint about SorviAI’s own brand or product. That goes to our contact route rather than here.
- Content we do not host. If the material sits on a domain that is not ours, the notice belongs with whoever does host it.
Before you file
Two things are worth knowing before you write, because both change what a notice can achieve.
We cannot adjudicate ownership. Deciding who holds the rights in a photograph is not something a hosting platform is equipped to do, and a platform that tries ends up arbitrating between two parties it knows nothing about. What we can do is act on a properly made notice, tell our customer what was removed and why, and pass any counter-notice back to you.
A notice has consequences for the person who sends it. Under the United States regime a notice carries a statement made under penalty of perjury, and a person who knowingly misrepresents that material is infringing can be liable for the damage that causes. See Notices sent in bad faith.
If the material looks like a misunderstanding rather than deliberate copying, contacting the business directly is usually faster than either of us.
Copyright notices
A takedown notice has required elements. An incomplete notice is the single biggest source of delay here, so they are listed rather than summarised: if one is missing we will write back saying which, and we will not act on the notice until it is there.
- A physical or electronic signature of the rights holder, or of someone authorised to act for them.
- Identification of the work you say has been infringed.
- Identification of the material you are asking us to remove, with enough detail for us to find it. A full URL for each item is the detail that matters most.
- Your contact details: name, postal address, telephone number and email.
- A statement that you have a good-faith belief that the use is not authorised by the rights holder, an agent, or the law.
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are the rights holder or authorised to act for them.
Those elements are the shape of the United States regime, which applies to us because material we serve is reachable from there. A notice that meets them is also enough for us to act under the Indian rules, so one properly made notice covers both.
Trademark notices
Trademark complaints are common on a platform where businesses list goods, and the notice machinery above does not map onto them. There is an intake route for them, and it is deliberately a different one.
Tell us, at minimum:
- The mark, its registration number and the jurisdiction it is registered in.
- The goods or services it is registered for.
- The exact listings or pages you are complaining about, by URL.
- Why the use complained of infringes: counterfeit goods, use of the mark in listings, or something else.
Assessment differs from copyright, and we will not decide a trademark dispute between two businesses. Where a listing is plainly counterfeit we act on it; where the question is whether one company may use a word another has registered, we pass the complaint to the customer and leave it with the parties.
Where to send a notice
Three routes, because two regimes require different things of us and trademark is not covered by either notice framework.
Copyright, and our designated agent
Grievance Officer
Trademark
A designated agent is a formal appointment rather than a mailbox, and a Grievance Officer is required to be published by name with a physical address. Both are named above rather than hidden behind a form, which is the point of them.
What happens next
Every notice is logged on arrival, with the time it was received, who sent it, the addresses complained of and the customer whose content is involved. The log is not administrative tidiness: it is the record that the process was followed.
| Stage | What happens | When |
|---|---|---|
| Acknowledgement | We confirm the notice has arrived and tell you who is handling it | [ACKNOWLEDGEMENT COMMITMENT] |
| Validation | We check the notice contains every required element. If it does not, we write back saying which is missing, and we do not act on it until you supply it | Part of acknowledgement |
| Action | We disable the specific material identified, at item level, rather than the customer’s whole storefront or account | On a valid notice |
| Notice to our customer | They are told what was removed, why, and how to send a counter-notice if they believe the removal is wrong | Same day as the action |
| Record | The action is recorded against that customer’s repeat infringer count | At the time of the action |
| Disposal | The complaint is closed and you are told the outcome | [DISPOSAL COMMITMENT] |
The Intermediary Guidelines Rules require an intermediary to acknowledge a complaint within 24 hours and to dispose of it within 15 days, and to remove unlawful material within 36 hours of a court order or a notification from the appropriate government. The commitments above are what we undertake to do, and they are unfilled until we can staff them, weekends included.
We act narrowly, on purpose. Taking down an entire storefront over one image turns a third party’s complaint into an outage for a paying business that may have done nothing wrong. Removal is item by item.
Complaint records are retained for [COMPLAINT LOG RETENTION].
Counter-notices
A takedown route with no way to challenge it is its own problem. If we remove material belonging to one of our customers, they can tell us we got it wrong.
A counter-notice needs the same seriousness as a notice, and should contain:
- The signature of the customer or someone authorised to act for them.
- Identification of the material removed and where it appeared before removal.
- A statement, under penalty of perjury, of a good-faith belief that the material was removed as a result of a mistake or a misidentification.
- Contact details, and consent to the jurisdiction counsel confirms applies.
We validate it the same way, forward it to whoever sent the original notice, and wait [STATUTORY WAITING PERIOD]. If we are not told within that period that proceedings have been brought, the material may be restored. We do not decide who was right; the waiting period exists so that a court can.
Repeat infringers
We terminate the accounts of customers who repeatedly infringe. That is a condition of safe harbour rather than a discretionary policy, and it has to be applied rather than published.
- Every valid notice acted on is recorded against the customer it concerns, whether or not they dispute it.
- A counter-notice that goes unchallenged does not count against them, because on the face of it the removal was wrong.
- The threshold at which an account is terminated is [REPEAT INFRINGER THRESHOLD].
Termination ends the service for that business, which is why it is a threshold rather than a judgement call made once per complaint.
Notices sent in bad faith
A notice is a legal instrument, and sending one to remove material you have no rights in is not a free action.
Under the United States regime, a person who knowingly and materially misrepresents that material is infringing may be liable for the damages that misrepresentation causes, including the costs of the person whose material was removed. Using this channel to take down a competitor’s legitimate listing is the case that provision exists for.
Every notice we receive is logged and kept, including the ones we decline to act on. If a pattern of unfounded notices comes from one source, that record is what the affected business will be given.
Key terms
The words on this page that carry a specific legal meaning, in plain language.
Safe harbour
The protection that keeps a platform from being treated as the publisher of what its users upload. In Indian law the equivalent is the intermediary exemption.
It is conditional. A platform earns it by acting as a neutral intermediary, publishing a channel like this one, and acting on valid notices. Publishing the page without operating the process behind it confers nothing.
Takedown notice
A formal request from a rights holder that specific material be removed, containing the elements listed under Copyright notices.
The elements are not bureaucracy. Each one is what lets us act on a stranger’s say-so against a paying customer without simply taking a side.
Counter-notice
The reply available to whoever published the material, saying that it was removed by mistake or misidentification.
It puts the dispute back between the two parties who can actually resolve it, and it starts a waiting period during which the complainant can bring proceedings.
Designated agent
The person or role a platform formally appoints to receive copyright notices, and registers with the United States Copyright Office.
Publishing an email address is not the same thing. The registration is what the protection depends on, and it has to be renewed.
Grievance Officer
The named individual an intermediary operating from India must publish, with contact details and a physical address, to receive complaints.
The requirement is that the person is named, not that a department is. When the named person changes, the page is wrong from that day.
Repeat infringer policy
A policy for terminating the accounts of users who infringe repeatedly, which a platform must adopt and reasonably implement.
“Reasonably implement” is the operative half: a policy that exists on a page and is never applied does not meet it.