Intellectual Property Policy
Effective Date: 01.12.2025
Introduction
Swaraaj Ecosystem Private Limited (“Company”, as defined in the Terms & Conditions) respects the intellectual property rights of all third parties.
If you believe that your intellectual property has been used on the Handmark Platform in a manner that constitutes infringement, you may file a complaint following the procedure outlined in this Intellectual Property Policy (“IP Policy”).
This IP Policy aims to protect legitimate intellectual property rights and to foster transparency and trust between Handmark and its users. The Policy has been formulated in accordance with applicable Indian laws.
Definition of Intellectual Property
For the purpose of this Policy, “Intellectual Property” includes the following:
Trademarks
Marks capable of being represented graphically and capable of distinguishing the goods or services of one person from those of another. This includes service marks, logos, designs, trade dress, shapes of goods, packaging, or combinations of colours — duly registered and/or pending registration under the Trademarks Act, 1999.
Copyrights
All literary, dramatic, musical, or artistic works protected under the Copyright Act, 1957, owned, acquired, or validly licensed to any person.
Other Intellectual Property Rights
Any other legally valid and recognized intellectual property rights in India, including trade secrets, proprietary know-how, patentable or non-patentable inventions, discoveries, modifications, adaptations, derivatives, or improvements thereof.
Eligibility to Report an Infringement
If you are the owner or a valid licensee of any intellectual property (“IP Owner”) and you believe that your intellectual property has been uploaded, displayed, or sold on the Handmark Platform without authorization, you may report the same to the Company.
Procedure for Reporting an Infringement
4.1 Submission of Notice
The IP Owner must send an email to legalsupport@handmark.in with a Notice of Infringement in the format provided in Schedule I of this Policy (“Notice Form”), specifying the allegedly infringing listings or materials.
4.2 Company’s Review and Action
Upon receipt of a duly completed Notice Form, the Company will review:
- The genuineness of the submitted Notice Form; and
- The veracity of the information and supporting documents provided.
If satisfied, the Company may take one or more of the following actions:
- Delist the infringing products or materials from the Platform immediately.
- Suspend or block the account of the concerned seller, reseller, vendor, merchant, or advertiser.
- Restrict further listings by the reported party on the Platform.
Indemnity
By submitting a Notice Form, the IP Owner grants the Company the right to forward the Notice Form and related documents to the concerned parties. The IP Owner agrees to indemnify and hold harmless the Company from and against all claims brought by any third party in connection with or arising from the submission of such Notice Form.
Incomplete or Frivolous Reporting
Incomplete or Invalid Reports
If the Notice Form is incomplete, inaccurate, or deemed frivolous or false, the Company may decline to take action and may inform the concerned seller or vendor accordingly.
Counter Claims
If a seller, reseller, vendor, or advertiser believes that a report made against it is false or frivolous, it may submit a Counter Claim to the Company along with relevant documentary proof.
Review of Counter Claims
The Company may review such Counter Claims and, at its sole discretion, may:
- Reactivate the reported party’s account, and/or
- Reinstate the delisted products, if satisfied with the genuineness of the Counter Claim.
The Company may request additional documentation or clarification to assess the authenticity of the Counter Claim.
Limitation of Liability
You acknowledge and agree that:
- The Company will rely solely on the documentation and information provided by the parties involved.
- The Company shall not be responsible for independently verifying the claims or authenticity of documents.
- The Company is not a statutory or judicial authority and acts solely as an intermediary facilitating compliance.
Accordingly, Handmark shall not be liable for any act or omission made in good faith while exercising reasonable diligence with respect to a Notice Form or a Counter Claim.
Miscellaneous
- The Company reserves the right to amend, alter, update, or modify this Policy at its sole discretion without prior notice.
- Any such modifications shall be effective immediately upon posting on the Platform.
- Users are advised to review this Policy periodically to stay informed of their rights and obligations.