WIPO World Intellectual Property Organization Policy
We respect the intellectual property rights of others just as we expect others to respect our rights.
Pursuant to the WIPO World Intellectual Property Organization and local member state organisation the Intellectual Property Office of New Zealand (IPONZ), Ministry of Business, Innovation and Employment, a copyright owner or their agent may submit a takedown notice to us via our contact page or buy emailing email@example.com with heading specifically “WIPO (IPONZ) Take Down Request“.
As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of WIPO. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:
Notice of Infringement – WIPO IPONZ Claim.
- A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
- Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
- A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.
Counter Notification – Restoration of Material.
If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site.
Said notification must be given in writing to us and must contain substantially the following elements:
- Your physical or electronic signature.
- A description of the material that has been taken down and the original location of the material before it was taken down.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of New Zealand, and that you will accept service of process from the person or company who provided the original infringement notification.
- Send your counter notice through our Contact page. Email is highly recommended.
Repeat Infringer Policy – WIPO IPONZ.
We take copyright infringement very seriously.
Pursuant to the repeat infringer policy requirements of WIPO IPONZ, we maintain a list of WIPO IPONZ notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.
Disputes – WIPO IPONZ
Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules.
The place of mediation shall be Wellington 6011, New Zealand..
The language to be used in the mediation shall be English..
If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within 31 days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules.
Alternatively, if, before the expiration of the said period of 31 days, either party fails to participate or to continue to participate in the mediation, the dispute, controversy or claim shall, upon the filing of a Request for Arbitration by the other party, be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules.
The arbitral tribunal shall consist of a sole arbitrator.
The place of arbitration shall be Wellington 6011, New Zealand..
The language to be used in the arbitral proceedings shall be English..
The dispute, controversy or claim shall be decided in accordance with the law of New Zealand..
Pursuant to Article 15(a) of the WIPO Arbitration Rules, the parties agree the following procedure for the appointment of the arbitrator(s): Independent nomination of arbitrator by AMINZ – Arbitrators’ and Mediators’ Institute of New Zealand.
The arbitrator(s) shall have the following qualifications:
- Recognised legal qualification;
- Registered Associate or Fellow at AMINZ; being able to determinative dispute resolution processes such as arbitration, adjudication and expert determination (‘determinative dispute resolution processes’);
- Consent-based dispute resolution processes such as conciliation, facilitation, and mediation.
All submissions shall be made via the WIPO Electronic Case Facility (ECAF).
Upon written request of a party, the other party shall promptly provide copies of all relevant documents. There shall be no other discovery allowed.
Witness statements or depositions shall be limited to a maximum of 3 per party and shall be made within 7 days of making the request.
A guide to documentation and timeframes will be supplied to both parties upon date of AMINZ Arbitrator Engagement.
The final award should, wherever reasonably possible, be made within 31 days after the proceedings have been declared closed.
The award pursuant to Article 64 of the WIPO Arbitration Rules shall only be subject to review through an appeal under the WIPO Arbitration Rules to an Appellate Panel consisting of [three arbitrators] appointed pursuant to Article  of the WIPO Arbitration Rules.
No arbitrator in the arbitral tribunal may be an arbitrator on the Appellate Panel. Such an appeal must be initiated within 30 days of the arbitral tribunal award or otherwise the award shall become a final award pursuant to the WIPO Arbitration Rules.
If an appeal is sought, the Appellate Panel shall conduct a de novo review of the legal determinations of the arbitral tribunal and shall determine whether there is reasonable basis for all factual determinations.
We reserve the right to modify the contents of this page and its policy for handling WIPO IPONZ claims at any time for any reason.