IP Infringement & DMCA Policy

1. Our Commitment

Harker International, the operator of SriLankaExport.com, respects the intellectual property rights of others and expects users of the platform to do the same. This policy describes the procedure for reporting infringing content and for Vendors to counter-notify wrongful takedowns.

While we are not subject to the United States Digital Millennium Copyright Act (DMCA) directly, our entity is incorporated in Sri Lanka, we follow a DMCA-style notice-and-takedown process as a matter of policy and to protect the safe-harbor status of the platform under applicable jurisdictions.

2. What Can Be Reported

Brand owners, government authorities, certification bodies, vendors, and buyers may all report the following on SriLankaExport.com. SriLankaExport.com may remove or suspend listings while reviewing the report and may request proof of rights or authorization from the vendor before reinstating the listing.

• Copyright infringement: unauthorized reproduction of product photography, marketing copy, technical drawings, videos, or other protected works.
• Trademark infringement: unauthorized use of registered marks (word marks, logos, trade dress) on Vendor stores, product titles, or descriptions.
• Official logos and government emblems: unauthorized use of Sri Lankan government emblems, ministry logos, or official seals (whether intentionally or implied) in a way that could suggest endorsement.
• Certification marks: unauthorized display of Sri Lanka Tea Board Lion Logo, SLS / SLSI mark, USDA Organic, EU Organic, Fairtrade, Halal, ISO, HACCP, FDA, CE, or any other certification mark for which the vendor or product is not authorized by the issuing body.
• Geographical Indication (GI) infringement: mis-use of protected origin terms such as Pure Ceylon Cinnamon, Ceylon Tea, or other Sri Lankan GI designations. We take GI claims seriously because they protect both buyers and the integrity of Sri Lanka’s export brands.
• False origin claims: mis-stated Country of Origin (e.g. non-Sri Lankan product marketed as Sri Lankan), mis-labeled Ceylon claims, false single-estate claims, or any other origin representation that is inconsistent with the actual production / processing chain.
• Patent infringement: listings that practice a valid patent without license (rare; requires technical evidence).
• Counterfeit goods: goods misrepresented as products of a brand owner.

3. How to Submit a Notice

Email info@harker.international with subject “IP Infringement, [your name]”. Your notice must include all of the following to be actionable:

1. Your full legal name, address, telephone number, and email.
2. Identification of the work, mark, or right you claim is infringed (e.g. registered copyright number, trademark registration number with jurisdiction, GI grant reference).
3. The exact URL(s) on srilankaexport.com where the infringing material is located.
4. A statement that you have a good-faith belief that the use is not authorized by the rights holder, its agent, or the law.
5. A statement, under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or are authorized to act on the rights holder’s behalf.
6. Your physical or electronic signature.

Incomplete notices will be returned with a request for the missing information. We will not act on incomplete notices.

4. What Happens Next

1. Acknowledgment within 2 business days.
2. Review of the notice for completeness and prima-facie validity.
3. Takedown (or restriction of access) within 5 business days of a complete, valid notice. The Vendor is informed of the takedown and given a copy of your notice.
4. Counter-notification window for the Vendor, 14 calendar days. If a valid counter-notice is received, content may be restored unless you file legal proceedings.

5. Counter-Notification (Vendor)

If your listing was removed under this policy and you believe the removal was a mistake or that you hold the rights, you may file a counter-notice. Email info@harker.international with subject “IP Counter-Notice, [your store name]”. Include:

1. Your full legal name, address, telephone, email.
2. Identification of the removed material and its previous URL.
3. A statement, under penalty of perjury, that you have a good-faith belief the material was removed by mistake or misidentification.
4. Your physical or electronic signature.
5. Consent to the jurisdiction of the courts of Sri Lanka for any dispute arising from the counter-notice.

6. Repeat Infringer Policy

Vendors against whom three (3) substantiated IP notices have been filed within a rolling 12-month period are subject to immediate termination of their store and any pending payouts, irrespective of subsequent counter-notifications. The threshold may be lowered at our discretion for severe or wilful infringement.

7. Misuse of This Process

Filing false or bad-faith notices, including to harass competitors or extract commercial concessions, is a misuse of this process. We may report such conduct to the relevant rights authority and may seek to recover costs.

8. Designated Agent

Notices and counter-notices should be sent to:

IP Designated Agent
Harker International (Pvt) Ltd (Reg. No. PV 00338032), Kandy, Sri Lanka
Email: info@harker.international