IPR Policy
Last Updated: August 22, 2025
Introduction
The Africa Trade Exchange (“ATEX” or “the Platform”) is a B2B and B2G e-commerce platform developed under the auspices of the African Export-Import Bank (Afreximbank) to facilitate secure trade within Africa and globally. ATEX is committed to upholding the highest standards of legal and regulatory compliance, including the protection of intellectual property rights (IPR).
This Intellectual Property Rights Policy (“Policy”) sets forth the principles and procedures governing the use of intellectual property on ATEX. By accessing, registering on, or otherwise using the Platform, all users, including buyers, suppliers, and partners (collectively, “Users”), agree to comply with this Policy and all applicable national, regional, and international laws relating to intellectual property.
Scope and Applicability
This Policy applies to all content, data, materials, products, and services uploaded, displayed, or otherwise made available on ATEX by Users. It governs the use, protection, and enforcement of intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, industrial designs, and other proprietary rights.
User Obligations
- Ownership and Authorization: Users represent and warrant that they own or are duly authorized to use all intellectual property in any content, product, or material they list, upload, or distribute on ATEX.
- No Infringement: Users shall not post, sell, distribute, or otherwise make available any product, service, or content that infringes upon the intellectual property rights of third parties.
- Licenses and Approvals: Users are solely responsible for obtaining all necessary licenses, approvals, or permissions prior to uploading or offering any materials on the Platform.
- Duty to Rectify: Upon notification or discovery of an infringement, Users must promptly remove or correct infringing content.
Reporting and Enforcement
- Notice of Infringement: Intellectual property owners or their authorized representatives may submit a written notice to ATEX detailing the alleged infringement. Such notice must include:
- Proof of ownership of the intellectual property right.
- Clear identification of the infringing material.
- Contact information of the complainant.
- ATEX’s Actions: Upon receiving a valid notice, ATEX may, at its sole discretion and without liability:
- Remove or disable access to the infringing content.
- Notify the User responsible for the content and request remedial action.
- Suspend or terminate the User’s account in cases of repeated or serious infringement.
- Disclose information to Afreximbank, regulatory authorities, or law enforcement agencies where required by law or to protect ATEX’s legal and reputational interests.
Limitation of Liability
ATEX operates as an online trade facilitation platform connecting verified buyers and suppliers. While ATEX conducts due diligence to validate Users, it does not independently verify the intellectual property ownership of all listed products or content.
ATEX and Afreximbank shall not be liable for any intellectual property infringement committed by Users. Users agree to indemnify and hold harmless ATEX, Afreximbank, and their affiliates, officers, employees, and partners from any claim, loss, or damage arising from User actions in breach of this Policy.
Jurisdiction and Dispute Resolution
- Governing Law: This Policy and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Arab Republic of Egypt, where Afreximbank is headquartered, and any applicable regional trade and intellectual property regulations of the African Union and Afreximbank.
- Dispute Resolution: Any dispute arising between a User and ATEX in relation to this Policy shall first be resolved amicably through good-faith negotiations.
- Arbitration: If no resolution is reached within thirty (30) days of written notice of the dispute, the matter shall be finally settled by arbitration under the Arbitration Rules of the Cairo Regional Centre for International Commercial Arbitration (CRCICA). The language of the arbitration shall be English. The arbitral award shall be final and binding on the parties.
- Jurisdiction: Subject to the arbitration clause above, the courts of the Arab Republic of Egypt shall have exclusive jurisdiction over any disputes arising from this Policy.
Policy Updates
ATEX reserves the right to modify, amend, or update this Policy at any time to reflect legal, regulatory, or operational changes. Any updates will be published on the ATEX website, and continued use of the Platform constitutes acceptance of such changes.
Contact Information
For inquiries or to submit an infringement notice, please contact:
Africa Trade Exchange (ATEX)
Email: support@atex.africa
Phone: +212 7 79 30 41 02