TikTok Shop Anti-Counterfeit Policy – Global (Non-US) – Tiktok
Updated: 19 December 2022
1. Overview
TikTok Shop does not tolerate counterfeit products. Products offered for sale on TikTok Shop must be authentic. The TikTok Shop Anti-Counterfeit Policy (hereinafter "this policy") has been drafted with the express purpose of: • Building a positive shopping environment on TikTok Shop; and • Providing a shopping experience consumers can have confidence in; and • Protecting brands and other rights holders. This policy operates in tandem with our TikTok Shop Intellectual Property Policy and applies to all products sold on TikTok Shop. Failing to abide by this policy may result in enforcement action being taken against you, as set out in our Merchant Terms of Service (UK, Indonesia, Malaysia, Singapore, the Philippines, Thailand, Vietnam). Sellers are responsible for ensuring that they do not sell counterfeit products. Sellers are responsible for ensuring that the listing, sale, and provision of products on TikTok Shop comply at all times with applicable laws and regulations. These guidelines are intended to facilitate seller compliance. They are not exhaustive and not intended as legal advice. We encourage sellers to seek independent legal advice if they have questions about the laws and regulations concerning counterfeit products. The TikTok Shop Anti-Counterfeit Policy is updated periodically. Sellers are responsible for checking this page regularly to ensure that they comply with our current guidelines.
2. General Principles
2.1 Counterfeiting Counterfeiting refers to the unauthorized use of a trademark that is identical or very similar to another’s registered trademark (on the same goods covered by the registration, or on a product's packaging). The listing, marketing, and sale of counterfeit products are strictly prohibited on TikTok Shop. This includes the display of brand names, logos or trademarks in product images, product descriptions, livestreams or videos without authorization from the brand owner. 2.2 Prohibited Behaviors We take strict actions against counterfeiting and may deem any of the following situations engaging in counterfeit behavior on our platform: • The advertising and/or sale of counterfeit products. • Displaying any unauthorized brand names, trademarks or logos in any forms of content, including, but not limited to product detail pages, videos and livestreams. • Intentionally blurring or hiding any brand name or logo. • Behaviors and/or written or verbal messages (including text, image, sound, and video) that imply the sale of counterfeit products. 2.3 Basic Requirements TikTok Shop strives to ensure a trustworthy shopping experience for our customers. We work with manufacturers, brand owners, rights holders, sellers, and creators to prevent counterfeit products from reaching TikTok Shop customers. Each seller is responsible for sourcing, selling, and fulfilling only authentic products. We reserve the right to remove any products or content that violates, or is suspected of violating our policies. Sellers who wish to list or display products with the trademarks, brand names, or logos of other brands are strongly encouraged to obtain prior authorization from the brand owner. Sellers should submit brand authorization to TikTok Shop before listing their products. TikTok Shop may reject the upload of products without brand authorization. Please refer to the article Providing Brand Authorization (UK, Indonesia, Malaysia, Singapore, the Philippines, Thailand, Vietnam, Cross border) for further guidance.
3. Enforcement Procedure
3.1 Identification of Suspected Counterfeits TikTok Shop has mechanisms and processes to prevent the sale of counterfeit products. We may require merchants to provide us with documentation, such as brand authorization or proof of product authenticity with respect to their product listings. For the situations where a product is suspected to be counterfeit, or a rights holder files a counterfeit report, TikTok Shop reserves the right and sole discretion to take all appropriate measures, including immediate action to delist the involved products and notify the sellers. 3.2 Counterfeit Investigation TikTok reserves the right to seek support from rights holders or competent agencies conduct our investigations. A product will be considered counterfeit in the following non-exhaustive situations: • We receive formal notification and supporting documents from a regulator, authority, brand owner, manufacturer, or agency of the brand owner that the product is counterfeit. • The seller receives our notification of the suspected counterfeit product but fails to file an appeal properly within the timelines prescribed by our platform. • The seller filed an appeal upon receipt of the counterfeit notification but failed to provide the necessary supporting documentation to demonstrate the product is authentic. • The seller admits that the product is counterfeit. • A certified third-party quality inspection agency or authenticity identification agency tested or identified the goods to be unqualified or non-genuine. • Other scenarios where the product is proved or reasonably considered to be counterfeit by us. 3.3 Enforcement Actions Sellers who are found to violate our TikTok Shop Anti-Counterfeit Policy will have enforcement actions taken against their account in accordance with our TikTok Shop Seller Performance Evaluation Policy (UK, Indonesia, Malaysia, Singapore, the Philippines, Thailand, Vietnam, Cross border) and Merchant Terms of Service (UK, Indonesia, Malaysia, Singapore, the Philippines, Thailand, Vietnam). Sellers should note that repeated offenses will result in more significant penalties. • Enforcement actions include but are not limited to: o Removal and/or restriction of the infringing product/content. o Termination of merchant terms of service. o Confiscation of any seller deposit. TikTok Shop also reserves the right to report sellers who violate local laws and regulations to the relevant legal authorities where appropriate. TikTok Shop reserves the right to provide any relevant information about the seller's account or behavior resulting in fake orders on the platform to authorities without prior notice to the seller. 3.4 Appeal If a seller or creator is suspected of violating this policy, they will receive a notification via email and a violation notification on the Seller Center. If a seller or creator believes that enforcement actions were taken against them in error, they may file an appeal through the Seller Center by raising a ticket. They will also be required to include the necessary supporting materials within the timelines prescribed by us after product delisting or receiving a counterfeit report. TikTok Shop will then investigate the case and take corrective actions where applicable. The appeal guidelines are as follows: • Sellers can raise a maximum of two appeals against one case. The first appeal can be raised within 30 days of our enforcement. The second appeal can be raised within 15 days of the rejection of the first appeal. • Creators can raise one appeal within 30 days of our enforcement. • If the seller's or creator's appeal is successful, we will remove any penalties issued and restore any withdrawn privileges. • If the seller or creator decides to waive their right to appeal or is unable to provide any valid and clear documents to prove authenticity, then it will be regarded as a failed appeal. • All decisions made by TikTok Shop are at our sole discretion. • Any appeals raised after the timelines stipulated above will not constitute a valid appeal and will not be reviewed by TikTok Shop. Please note that during an investigation, sellers are responsible for the following: • Collecting and preparing all supporting documents to prove the authenticity of the business or of specific order(s). The supporting documentation includes but is not limited to brand authorization, purchasing proofs such as commercial invoices, contracts, purchase orders from the brand owners, and testing reports issued by a third-party laboratory or competent agency. • Sellers must not edit the document(s) in any way, except for removing confidential information such as pricing. Providing tampered with or misleading documentation is a violation of this policy. It will lead to further enforcement actions taken against the offending account in accordance with our TikTok Shop Merchant Terms of Service and this policy. • Providing a clear explanation of why the enforcement action was taken against them in error. • Providing any additional materials or information that TikTok Shop may require. Important Note: Submitting an appeal does not guarantee a successful outcome. Appeals ensure that TikTok Shop will review the relevant case in consideration of additional materials or explanations provided by the seller. 3.5 Further Actions and Controls Once a counterfeit investigation is complete, if it is proven that the product is not counterfeit, we will withdraw any punitive measures or enforcement actions taken against the product or the seller. If a seller sells a counterfeit item to a customer, the seller must issue the customer with a full refund in accordance with our TikTok Shop Customer Order, Cancellation, Return and Refund Guidelines (UK, Indonesia, Malaysia, Singapore, the Philippines, Thailand, Vietnam, UK Cross border, SEA Cross border). Please note that we also work with rights holders and law enforcement worldwide to take and support legal action against sellers and creators who knowingly violate this policy and harm our customers.
4. Reporting of Counterfeits
We encourage rights owners and users to report suspected counterfeit products to us. IPR owners or their authorized representative may file a notice of IPR infringement. When submitting a notice of IPR infringement to us, the rights owner or their authorized representative must follow the process specified in 4.1 or 4.2 below. Note: we may provide the account holder you identify in your IPR infringement notice with your contact information, including the e-mail address and the name of the IPR owner, and/or other details of the notice, in accordance with our Terms of Services and Privacy Policy. If you are not the IPR owner or their authorized representative, you may report counterfeit products by submitting a "Possible Counterfeit products" report on the relevant product detail page or related content. We will handle all tickets following the standardized intellectual property infringement handling process. The following are ways to report such infringements to us. 4.1 Reporting via the TikTok Shop's Intellectual Property Protection Centre • IPR owners/authorized representatives may use the TikTok Shop Intellectual Property Protection Centre (IPPC) to submit an IPR infringement notice. • The IPPC is an integrated platform for rights owners to protect their IPR across products sold on TikTok Shop. Rights owners can submit their IPR, detect IPR infringement products, submit IPR infringement notices and track the progress of lodged notices on the IPPC. • Rights holders must provide complete information when requested on the IPPC. Failure to include necessary information may limit our ability to investigate your claims and result in a denial of your notice. • During our investigations, we may also request additional information to handle the notice of IPR infringement. 4.2 Reporting via the TikTok Shop Intellectual Property Rights Report form • If an IPR owner/authorized representative is unable to access the IPPC, the IPR owner/authorized representative may file an online IPR infringement notice by submitting a TikTok Shop Intellectual Property Rights Report. • All notices should contain the information requested in our online TikTok Shop Intellectual Property Rights Report form. Failure to include necessary information may limit our ability to investigate your claims and result in your complaint being denied. TikTok Shop may also require additional information from rights holders/authorized representatives to handle the notice of IPR infringement. During our investigations, we may require additional information properly handle the notice of IPR infringement. Failure to include necessary information may limit our ability to investigate your claims and may result in your complaint being denied.