Intellectual Property Protection

1. Platform Role and Responsibility

Important: WholesaleKenya.com is a marketplace platform connecting independent buyers and sellers. We do NOT manufacture, import, or sell products ourselves.

• All products are listed by independent third-party sellers
• Sellers are solely responsible for ensuring they have the right to sell products
• We do not pre-screen or verify the authenticity of products
• We do not verify seller claims regarding intellectual property rights
• We act on valid IP infringement complaints through our reporting process

While we cannot guarantee that all listed products are authentic, we take prompt action against reported infringements.

2. Types of Intellectual Property We Protect

2.1 Trademarks

• Brand names, logos, and symbols
• Product names and packaging designs
• Trade dress and distinctive features
• Service marks

2.2 Copyrights

• Product images and photographs
• Product descriptions and text content
• Artistic works and designs
• Software and digital content

2.3 Patents

• Utility patents (product functionality)
• Design patents (product appearance)
• Proprietary technologies and inventions

4. Seller Responsibilities

Sellers must ensure:

• They own or have authorization to sell all listed products
• Products are genuine and not counterfeit
• They have the right to use all trademarks, logos, and brand names in their listings
• All images and descriptions are either their own or properly licensed
• They do not mislead buyers about product authenticity or brand affiliation
• They maintain records proving product authenticity (receipts, certificates, etc.)
• They provide documentation upon request to verify authenticity

Sellers are 100% liable for any intellectual property infringement related to their listings.

5. How to Report IP Infringement

To report an IP infringement:

1. Collect evidence of the infringement (product URL, screenshots, etc.)
2. Prepare documentation proving your ownership (trademark registration, copyright, patents)
3. Submit a detailed report through our IP infringement reporting system
4. Provide complete contact information for correspondence
5. Sign a declaration that you are authorized to act on behalf of the rights holder

6. Required Information for IP Claims

Your report must include:

• Your Contact Information: Full name, company, address, phone, email
• Description of Your IP: Details about the trademark, copyright, or patent being infringed
• Proof of Ownership: Registration certificates, trademark numbers, copyright documentation
• Infringing Listing URL: Direct link to the allegedly infringing product
• Explanation: How the listing infringes your intellectual property rights
• Good Faith Statement: Declaration that you believe the use is not authorized
• Accuracy Statement: Declaration that the information provided is accurate
• Signature: Physical or electronic signature of the rights holder or authorized representative

7. Our Review and Action Process

1. Receipt (Immediate): We acknowledge receipt of your complaint
2. Initial Review (24-48 hours): We verify that your claim includes all required information
3. Investigation (2-5 business days): We review the listing and evidence provided
4. Seller Notification: We notify the seller of the complaint and request response/documentation
5. Decision (5-7 business days): We make a determination based on evidence from both parties
6. Action: If infringement is confirmed, we remove the listing and may suspend the seller

Note: Timeframes may vary depending on case complexity. We prioritize protecting intellectual property rights while ensuring fair process.

8. Actions Against Infringers

Sellers found to be infringing intellectual property rights may face:

• Immediate removal of infringing listings
• Account suspension (temporary or permanent)
• Withholding of funds pending resolution
• Permanent ban from the platform for repeat offenders
• Sharing of seller information with rights holders for legal action
• Reporting to authorities for criminal counterfeiting
• Legal liability for damages to rights holders

9. Counter-Notification Process

If you are a seller whose listing was removed due to an IP claim and you believe the claim is invalid, you may submit a counter-notification with:

• Your contact information
• The removed listing URL
• Evidence that you have the right to sell the product (receipts, authorization letters, etc.)
• A statement explaining why the claim is incorrect
• Your signature and declaration of accuracy

We will forward your counter-notification to the complainant. If they do not provide evidence of legal action within 10 business days, we may reinstate the listing.

10. Repeat Infringer Policy

We maintain a three-strike policy for IP infringement. Sellers who receive three confirmed IP violations will be permanently banned from the platform and may have their information shared with brand protection organizations and law enforcement.

11. Limitations and Disclaimers

• We are not equipped to determine complex IP disputes and may require court determinations
• We do not verify the validity of IP registrations or claims
• We are not liable for failing to detect or remove infringing content
• We do not guarantee that all authentic products are listed with proper authorization
• Rights holders remain responsible for monitoring the platform and reporting infringements
• We may require court orders for certain types of claims

12. Brand Protection Program

Brand owners can join our Brand Protection Program for enhanced monitoring and protection:

• Proactive monitoring of your brand on our platform
• Priority review of IP complaints
• Direct communication channel with our IP team
• Regular reports on counterfeit activity
• Expedited removal process for confirmed infringements

Contact us through our Contact Page to learn more about the Brand Protection Program.