Intellectual Property Infringement Checklist
This checklist helps sellers submit their applications and registration information for review processing in order to be published in the Galaxy Store.
This checklist is not part of the Samsung App Distribution Guide for Galaxy Store, which may change independently.
In this document:
• ‘Seller’ refers to an individual person, company, or corporate entity that can register commercial and non-commercial applications in Samsung Seller Portal.
• ‘Application’ and ‘app’ refer to an application that can be published in the Galaxy Store.
• ‘Content’ refers to:
a) Anything an application presents to app users by any means (including, but not limited to, visual and audio means),
b) Anything in an application that is not presented to app users.
Content can include, but is not limited to, names, signatures, persona elements, images, likenesses, symbols, insignia, text, sounds, music, programs, and brand identifiers such as logos, fonts, styles, and colors.
• ‘IP rights’ refers to intellectual property protection based on, but not limited to, copyright, trademark, service mark, and publicity rights.
Content and registration information (including, but not limited to binary files, descriptions, images, and tags entered into the app registration in Samsung Seller Portal) must abide by:
• The requirements in this checklist document.
• The requirements in the App Distribution Guide and the Terms and Conditions for Galaxy Store.
• The Berne Convention for the Protection of Literary and Artistic Works, The Universal Copyright Convention, and all other international agreements applicable to intellectual property, regardless of whether or not the seller’s country or the country where the seller’s application is downloaded to a user is a signatory to those agreements.
This checklist document does not define or interpret the meaning of the agreements.
• IP rights assigned by the countries and regions where the seller resides and where an app is available.
Sellers are fully responsible for submitting application content and registration information that do not infringe on any IP rights. For help, see References.
Before submitting a registered application, you must ensure that:
• Your binary files do not contain content that can result in infringement.
• Your registration does not contain information that can result in infringement.
Not Allowed Under Any Circumstances
Applications with the following content cannot be accepted.
• Content and advertisement specified in the App Distribution Guide
• Content that can mislead users in the purpose, features, or value of the application
• Content that can mislead users that the app or its registering person or entity has a relationship with or endorsement by Samsung when there is no relationship or endorsement
• The term ‘Bitcoin’ when it is not essential to describe the application
Not Allowed without Licensing Agreements
Applications with the following content cannot be accepted when Seller Portal registration does not include licensing agreements from all holders of content IP rights.
Individuals
• Content protected by the personality rights of any person, whether or not they are a celebrity, who is alive or has died less than 70 years ago (such as names, signatures, likenesses, brand identifiers, family crests, coats of arms, and persona elements)
• Products of any person, whether or not they are a celebrity, who is alive or has died less than 70 years ago (such as art and literature)
Institutions
• Public and private institution content that is not in the public domain (such as names, logos, and insignias of governmental and nongovernmental organizations and public offices, military organizations, and universities)
Properly presented national flags are allowed without agreements.
Companies
• Brand identifiers of Samsung, watch manufacturers, and other companies
Common words, even part of IP right protected phrases (such as the word ‘roadster’ in the trademarked phrase ‘Tesla Roadster’) are allowed without agreements.
Official Samsung mobile device and other product images available at samsungmobilepress.com and those images overlaid with screenshots of your apps are allowed without agreements.
Sports and Media
• Professional and nonprofessional sports club content (such as names, logos, designs, colors)
• Professional and non-professional sports league content (such as FIFA, World Cup, and Olympic names, logos, designs, colors)
• Sports player content (such as names, signatures, likenesses, and persona elements)
• Movie, television show, game guide, and fan-made content (such as names and images)
• Media celebrity content (such as names, signatures, likenesses, and persona elements)
Physical Products
• Physical products (such as automobiles, motorcycles, cameras, handbags) that present company brand identifiers
Physical products that do not present brand identifiers are allowed without agreements.
Architecture
• Privately funded buildings with IP rights (such as Dubai Creek Tower, illuminated Eiffel Tower)
Content of public or privately funded buildings visible in the background of a public space that do not imply an association with the app are allowed without agreements.
Galaxy Store Badge Tags
• Galaxy Store badge tags that contain brand names, even brand names that are common public words (such as Band-Aid and Velcro)
Miscellaneous
• References to applications (such as app names in the titles and descriptions of other apps)
• Peer-to-Peer (P2P) applications
• Images from stock image websites or companies
• Recently filmed works and creations based on those works
Not Allowed without Proof
Applications with the following content cannot be accepted when Seller Portal registration does not include the specified proof documentation.
• Content that can imply an application or its registering individual or entity has a relationship with or an endorsement by Samsung must have proof there is a relationship or endorsement (such as winning a Samsung Developer Conference award).
• Non-common public domain content must have proof of being in the public domain.
References
https://helpx.adobe.com/kr/stock/contributor/help/known-image-restrictions.html
https://en.m.wikipedia.org/wiki/Generic_trademark
https://en.wikipedia.org/wiki/Universal_Copyright_Convention
https://en.wikipedia.org/wiki/Berne_Convention
http://wiki.gettyimages.com/
https://www.wipo.int/branddb/en/index.jsp#
https://www.nolo.com/legal-encyclopedia/copyright-architectural-photos.html