This Intellectual Property Policy explains how copyright, trademarks, design rights, patents, database rights, and other intellectual property rights are respected and protected on the KOTLYARS international marketplace and auction platform.
KOTLYARS is committed to protecting the intellectual property rights of creators, rights holders, buyers, sellers, and other marketplace participants while promoting lawful trade in valuable items.
This Policy applies to all KOTLYARS websites, user accounts, listings, auctions, photographs, videos, documents, messages, advertisements, and other content published or shared through the platform. It supplements the Terms and Conditions, Auction Rules, Prohibited Items Policy, and all other applicable KOTLYARS policies.
- Application of This Policy. This Policy governs all intellectual property matters relating to the use of the KOTLYARS platform. Where mandatory legislation applies, the relevant legal requirements prevail over these Policy provisions.
- Rights Covered. This Policy applies to copyright and related rights, trademarks, trade names, design rights, patents, database rights, image rights, personality rights, and all other legally protected intellectual property. The existence and scope of these rights depend upon the laws of the relevant jurisdiction.
- KOTLYARS Brand and Materials. The KOTLYARS name, logo, visual identity, software, platform design, database structure, text, graphics, and other proprietary materials remain the exclusive property of KOTLYARS or its licensors. Nothing in this Policy transfers ownership of these materials to users. The KOTLYARS brand must not be used in a manner suggesting endorsement, partnership, or official affiliation without prior written permission.
- Limited Platform Use. KOTLYARS grants users a limited, personal, non-exclusive, non-transferable, and revocable licence to use the platform solely for its intended purpose and in accordance with applicable policies. Unauthorised copying, automated extraction, reverse engineering, resale of platform access, removal of copyright notices, or creation of competing derivative services is prohibited except where expressly permitted by law.
- Ownership of User Content. Users retain ownership of content that they lawfully own. Uploading content to KOTLYARS does not transfer ownership to the platform. Users remain responsible for obtaining all necessary licences, permissions, and consents from authors, photographers, artists, archives, models, or other rights holders before publishing content.
- Licence to KOTLYARS. By uploading content, users grant KOTLYARS a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, format, translate, display, distribute, and process that content as reasonably necessary to operate, secure, promote, and administer the platform and the relevant listing. This licence continues only for as long as necessary to provide platform services, maintain records, resolve disputes, comply with legal obligations, and preserve backups.
- User Warranties and Permissions. Users represent that they possess all necessary rights, authority, licences, and permissions to upload, publish, advertise, and sell items using the submitted content. Users are responsible for complying with applicable licence terms, attribution requirements, territorial restrictions, image rights, and privacy laws.
- Photographs and Descriptions. Photographs should accurately depict the actual item being offered. Images, descriptions, expert reports, catalogue text, or other protected materials belonging to another seller, auction house, photographer, author, or rights holder must not be copied without permission. Reference images may only be used where lawful and clearly identified as illustrative material.
- Physical Item and Copyright. Ownership of a physical object such as a painting, sculpture, manuscript, photograph, design object, or collectible does not automatically include ownership of copyright or other intellectual property rights embodied in that work. Unless expressly transferred by law or written agreement, reproduction, publication, digitisation, merchandising, adaptation, and other commercial exploitation rights remain with the relevant rights holder.
- Trade Marks and Genuine Goods. Brand names and trademarks may be used only to identify genuine products accurately and must not imply sponsorship, endorsement, partnership, or affiliation. Trademarks must not be used deceptively in account names, domains, metadata, advertising, or listings promoting counterfeit or unauthorised goods.
- Copies, Replicas and Modified Items. Counterfeit goods, unlawful reproductions, and pirated products are prohibited. Lawful replicas, reproductions, modified items, aftermarket products, or restored objects must be clearly identified as such. Listings must never present these items as original works or authentic manufacturer products where they are not.
- Art, Authorship and Moral Rights. Statements regarding artists, creators, workshops, editions, signatures, attribution, provenance, and authenticity must be accurate and supported by evidence. Appropriate terminology such as "attributed to," "circle of," "school of," or "after" should be used where certainty is limited. Moral rights, attribution rights, and rights-management information must not be removed, altered, or falsified.
- Designs, Patents and Protected Features. Product appearance, ornamental design, technical solutions, packaging, mechanisms, settings, and other features may be independently protected by design or patent law. Users must not offer products, parts, moulds, drawings, digital files, or other materials that infringe valid intellectual property rights.
- AI Content and Digital Editing. Images, descriptions, or other content generated or materially altered using artificial intelligence should be clearly identified where their synthetic nature may influence a buyer's decision. AI-generated content must never be presented as genuine photographs of the actual item, official certificates, expert opinions, or provenance documentation. Users remain responsible for ensuring lawful use of source material and avoiding infringement or deceptive representations.
- Permitted Reference Use. References to artists, brands, museums, laboratories, catalogues, certificates, or similar sources are permitted only where necessary for accurate description and supported by a lawful basis. Users should not assume that quotation, criticism, parody, educational use, or other legal exceptions automatically apply without considering the relevant legal context.
- Prohibited Conduct. Counterfeit goods, pirated materials, unlawful reproductions, false certificates, manipulated documentation, removal of rights-management information, circumvention of technological protection measures, false infringement notices, impersonation of rights holders, or misuse of reporting systems are strictly prohibited.
- Rights-Holder Notice. Rights holders submitting an infringement notice should provide their identity, contact details, description of the protected right, identification of the allegedly infringing material, supporting evidence, and a good-faith statement confirming ownership or authority to act. KOTLYARS may request additional documentation where appropriate.
- Platform Review and Action. Upon receiving an intellectual property complaint, KOTLYARS may restrict visibility, suspend or remove content, pause publication of listings, request supporting documentation, preserve evidence, notify affected parties, or cooperate with competent authorities where required by law. Platform action will depend on the available evidence, applicable legislation, user history, urgency, and potential harm.
- Counter-Notice and Repeat Infringement. Users whose content has been removed may submit a counter-notice explaining the legal basis for publication together with any supporting licences or evidence. KOTLYARS may restore content, maintain restrictions, or require resolution through the parties, a competent authority, or a court. Serious or repeated infringement may result in listing removal, feature restrictions, account suspension, or permanent account closure.
- Changes, Contact and Platform Role. Intellectual property complaints and counter-notices should be submitted through the Contact page and clearly marked "Intellectual Property". KOTLYARS may update this Policy as legislation, platform functionality, or marketplace practices evolve. While KOTLYARS reviews available information and may take platform measures, it does not make final legal determinations regarding ownership or validity of intellectual property rights, which remain matters for the parties or competent authorities.
Important Distinction. Ownership of a physical item does not automatically include ownership of copyright, trademark, design rights, patents, or other intellectual property rights associated with that item. Every seller remains responsible for ensuring the legality of the item offered, the accuracy of the listing, and the existence of all necessary permissions, licences, and rights required for publication and sale.
By publishing content or offering items for sale on the KOTLYARS platform, users acknowledge their responsibility to respect intellectual property rights and to comply with this Policy together with all applicable laws and KOTLYARS marketplace rules.