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Application DistributionAppGallery Policy CenterApp ReviewGuidelines for Handling HUAWEI AppGallery Infringement Complaints

Guidelines for Handling HUAWEI AppGallery Infringement Complaints

1. Purpose

HUAWEI AppGallery stores information about apps provided by developers. This document is formulated to protect right holders' copyrights, privacy rights, trademark rights, patent rights, among others.

2. Guidelines

2.1 Official Complaint Handling Channels

Working hours: 08:3012:00 and 13:3018:00 from Monday to Friday (except for public holidays)

Contact us

Website: AppGallery Connect Infringement Complaint (recommended)

Email (any other issue):

Asia Pacific: developerapac@huawei.com

China: developer@huawei.com (App); gamesupport@huawei.com (Game)

Europe: developereu@huawei.com

Latin America: developerla@huawei.com

Middle East and Africa: developermea@huawei.com

Russia: developer_ru@huawei.com

2.2 Complaint Notification

If you discover that any app or content uploaded to AppGallery violates your legitimate rights and interests, first contact the corresponding developer to resolve the problem. If you and the developer cannot agree on a resolution, please fill in and submit the HUAWEI AppGallery Notification of Suspected Infringement Complaint. It is recommended that the notification include the following information:

2.2.1 Information About the Complainant

Information About the Complainant

Description

Natural person Valid identity documents
Legal person or organization Enterprise business license or license of the organization

Agent (if any)

Power of attorney (POA) provided by the right holder and a valid certificate of the agent
* (Optional) It is recommended that the complainant provide their contact information, including their address, phone number, and email address. Such information will be used to report the progress of complaint handling and will not be publicized in order to protect the privacy of non-stakeholders.

2.2.2 Information About the Infringing App

Include the app name, package name, and URL of the infringing content.

2.2.3 Reasons for Infringement

Please specify the type of right that was infringed upon, such as the trademark right, copyright, or patent right, and briefly describe the relevant reasons.

2.2.4 Supporting Documents for Infringement

Supporting Document

Description

Ownership description

Please submit supporting documents based on the type of the right that was infringed upon:

  1. Copyright: supporting documents for copyright ownership of the work, such as the copyright certificate issued by a relevant authority, the first time publication or issue date evidence, manuscripts, creation timestamp issued by a relevant authority, and the filing certificate
  2. Trademark right: trademark registration certificate
  3. Patent right: patent certificates, comparison of technical or design features, evaluation reports of utility model or appearance design patent rights, etc.
  4. Other rights: Provide supporting documents based on the right type.
Authorization documents (if any) If the right holder registered in the right certificate or authorization documents is the complainant, no additional remarks are required. If the right holder registered in the right certificate is not the complainant, the relationship between the complainant and the registered right holder shall be specified, and relevant documents (such as the authorization contract, entrustment agreement, and relationship notarization document) shall be provided as supporting documents.
Other evidence (if any)
  1. Documents that describe why the app or its content is suspected of infringement, such as legal assessment reports and similarity comparison analysis reports
  2. Documents that prove long-term ownership of a right such as the trademark right
  3. Documents issued by the government department or court for handling disputes, such as acceptance notices, handling decision notices, and judgments

2.2.5 Requirements in the Complaint Notification

Refer to measures that the complainant requires AppGallery to take on the content provided by the suspected infringer, for example, content rectification or app removal.

Click to download: HUAWEI AppGallery Notification of Suspected Infringement Complaint.zip

2.3 Judgment of Complaint Validity

After receiving the HUAWEI AppGallery Notification of Suspected Infringement Complaint that meets relevant requirements, AppGallery will forward the complaint to the suspected infringer in accordance with applicable laws and regulations and verify the authenticity of the complaint.

2.4 Complaint Counter-Notification

After receiving the complaint notification forwarded by AppGallery, if the suspected infringer denies the complaint, they shall submit the counter-notification within 3 (three) working days. The counter-notification shall include:

2.4.1 Information About the Suspected Infringer

Information About the Suspected Infringer

Description

Developer

Valid identity documents (of a natural person) or the enterprise business license (of a legal person)

Agent (if any)

Power of attorney (POA) provided by the developer and a valid certificate of the agent
* (Optional) It is recommended that the suspected infringer provide their contact information, including their address, phone number, and email address. Such information will be used to report the progress of complaint handling and will not be publicized in order to protect the privacy of non-stakeholders.

2.4.2 Information About the Infringing App

Include the app name, package name, and URL of the infringing content.

2.4.3 Reasons for Rejection of the Complaint

Include the rights claimed by the suspected infringer, the rights of the complainant, the problems in the supporting documents provided by the complainant, and other relevant legal reasons for rejecting the complaint.

2.4.4 Supporting Documents for Proving Non-infringement

Supporting Document

Description

Ownership description

Please submit supporting documents based on the type of the right that was complained about:

  1. Copyright: supporting documents for copyright ownership of the work, such as the copyright certificate issued by a relevant authority, the first time publication or issue date evidence, manuscripts, creation timestamp issued by a relevant authority, and the filing certificate
  2. Trademark right: trademark registration certificate
  3. Patent right: patent certificates, comparison of technical or design features, evaluation reports of utility model or appearance design patent rights, etc.
  4. Other rights: Provide supporting documents based on the right type. If you have any questions, please contact us.
Ownership proofs

Supporting documents used to state that the infringing app or its content does not infringe the rights claimed by the complainant:

  1. Documents used to prove that the suspected infringer has obtained the corresponding authorization of the app or its content
  2. Documents, such as evaluation reports issued by a law firm and content similarity comparison analysis reports, used to prove that the infringing app or its content does not infringe the rights claimed by the complainant
  3. Documents that prove the complainant may not have long-term ownership of the relevant right
  4. Documents issued by the government department or court for handling disputes, such as acceptance notices, handling decision notices, and judgments

2.4.5 Requirements in the Counter-Notification

Refer to measures that the suspected infringer requires AppGallery to take.

Click to download:HUAWEI AppGallery Counter-Notification of Suspected Infringement Complaint.zip

2.4.6 Counter-Notification Handling

After receiving the HUAWEI AppGallery Counter-Notification of Suspected Infringement Complaint that meets relevant requirements, AppGallery will forward the counter-notification to the complainant in accordance with applicable laws and regulations and notify the complainant that they can lodge a complaint to the government authority or file a lawsuit with the people's court.

2.5 Complaint Handling

1. Based on the preliminary evidence and service type of the infringement, AppGallery will take necessary measures in a timely manner. Based on applicable laws and regulations, AppGallery may maintain or terminate the measures taken (depending on the infringement situation, complaint, and prosecution of the complainant, etc.).

2. If the dispute needs to be settled through litigation, AppGallery will cooperate with the relevant government authority to collect evidence. The final solution for the dispute is subject to the negotiation conclusion reached by both parties or the decision or judgment of a relevant government authority.

3. Both the complainant and the suspected infringer can appeal against the complaint handling of AppGallery based on the conclusion of the government department and the people's court, or other consensus reached by both parties. The appeal bases include but are not limited to the judgment of a lawsuit, settlement agreement, and letter of understanding.

4. If a developer deliberately infringes upon intellectual property rights (IPRs) multiple times, AppGallery will take measures such as disabling the developer's account.

3. Tips

1. To ensure the authenticity and validity of the complaint, in principle, scanned copies of qualification certificates involved in the supporting documents for the complaint and counterclaim shall be provided. If the original copies cannot be provided, the scanned copies of the photocopies signed and sealed by the right holder shall be provided.

2. If the complainant has submitted the complaint to the relevant government department or filed a lawsuit with a court about the infringement, it is recommended that the relevant acceptance documents and decisions or judgments made by the government department or court be submitted to AppGallery.

3. The complaint notification, counter-notification, and attached supporting documents may be forwarded to the complainant or the suspected infringer according to applicable laws. It is recommended that relevant information be anonymized beforehand.

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