Welcome to SeCA Working Group

1. Overview

The TikTok Shop Intellectual Property Policy has been specifically formulated in order to:

• Build and promote a safe and trustworthy e-commerce environment on TikTok Shop, and
• To provide a positive experience to sellers and consumers in accordance with relevant laws and regulations. All users of our Platform (“Users”) are strictly prohibited from infringing the intellectual property rights (“IPR”) of others on the TikTok Shop (“Platform”).

Users who upload content, list products or services, or use the Platform in any manner that infringes the IPR of others shall be subject to the measures detailed in our platform policies, including but not limited to:

• The restriction of product listings.
• The suspension of seller or creator accounts.
• Permanent termination of access to the platform and TikTok Shop
• Any additional actions deemed necessary by us - including but not limited to initiating civil or criminal proceedings independently or in conjunction with Intellectual Property Rights (IPR) owners.

Our TikTok Shop Intellectual Property Policy is updated from time to time. Please check this page often to ensure that you are always up to date with our latest policy. If you are unsure whether the material you plan to report to us is infringing or otherwise violating another person’s rights, you may also want to first seek legal advice before reporting such content to us.

2. Types of Intellectual Property Rights

Intellectual property, or IP as it is commonly referred to, refers to creations of the mind, such as inventions, literary/artistic works, designs, symbols, names, and images.

There are various types of IPRs that sellers and/or creators may display, upload, communicate, or otherwise use on our platform, including, but not limited to:

2.1 Trademarks

A trademark includes but is not limited to any word, symbol, slogan, design, or combination of any of the foregoing that identifies the source of a product or service and distinguishes it from other products or services.

2.2 Copyright

Copyright is a legal right that protects works that are eligible for copyright protection. Graphics, paintings, photos, videos, text, and songs are examples of works that may be protected by copyright.

2.3 Patents

Patents protect inventions, and the grant of a patent (issued by competent authorities in each jurisdiction) constitutes the grant of a property right to the owner. The right conferred by a patent is the right to exclude others from making, using, disposing of, importing, offering for sale, or selling anything using or made with the invention in the specific jurisdiction that the patent is granted.

2.4 Designs

The appearance and shape of the whole or part of a product (e.g. its shape and/or decoration), whether three-dimensional or two-dimensional, may be protected by different design rights in different jurisdictions. The owners of such rights have the exclusive rights to make products to or incorporate the designs.

3. IPR Infringements

The types of IPR infringement which are prohibited on our platform include, but are not limited to:

3.1 Trademark Infringement

A trademark infringement may occur when a mark that is similar or identical to a registered trademark is used without the trademark owner’s consent. Infringement may occur if a mark (that is similar or identical to a registered trademark) is used in connection with similar or identical goods/services where that use is likely to confuse the public or result in them associating the mark with the registered trademark.

3.2 Copyright Infringement

Copyright infringement includes but is not limited to:

• The usage of copyrighted subject matter (such as books, films, music, videos, and computer programs) in the description of any products or services without the consent of the copyright owner.
• Listing products that include copyrighted subject matter without the consent of the copyright owner.
• Listing products that reproduce copyrighted subject matter without proper authorization (or legally valid reason) from the copyright owner.

3.3 Patent Infringement

Patent infringement includes but is not limited to making, using, importing, offering for sale, or selling a patented product, or offering a patented process for use without the authorization of the IPR owner within the jurisdiction where the patent is granted.

3.4 Design Infringement

The unauthorized use of a design includes but is not limited to:

• Making, offering, putting on the market, importing, exporting, or using a product where the unauthorized design is incorporated or placed.
• Stocking a product where the unauthorized design is incorporated or placed without the consent of the IPR owner.

For each type of infringement identified above, unless provided otherwise by applicable laws, a violation will only occur if IPR exists at the time of the allegedly infringing activity (i.e., the violating behavior occurs within the term of protection of the relevant IPR).

4. IPR Infringement Notice Submission

Process

IPR owners or their authorized representatives may file an IPR infringement notice. Before submitting an IPR infringement notice, please be aware that intentionally submitting a misleading or fraudulent notice may lead to liability for damages under local laws. If you are not sure if you are the proper IP owner or if IP laws protect the material, please get in touch with a lawyer.

When submitting a notice of IPR infringement to us, the rights owner or their authorized representative must follow the process specified at 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.

4.1 Submission of an IPR Infringement Notice via 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 Submission of an IPR Infringement Notice via TikTok Shop's 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 form.
• All notices should contain the information requested in our 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.
• During our investigations, we may also require additional information to handle the notice of IPR infringement.

5.Types of IPR Infringement Notices That are Not Accepted by TikTok Shop

The types of notices which will not be accepted by TikTok Shop include but are not limited to:

5.1 Third-Party Product or Services

TikTok Shop is not in a position to adjudicate disputes between third parties and may not be able to take down the product and/or content that is reported. Rightsholders are encouraged to contact the entity and/or individual user who listed the product / posted the content or owners of the accounts to try to resolve their issue directly in the first instance.

5.2 Distribution Agreements

TikTok Shop respects the rights of brand owners, manufacturers, trading companies, and distributors to enter into agreements concerning how their products should be distributed (such as exclusive distribution agreements). However, violations of such agreements are generally unlikely to constitute an IPR infringement. As the enforcement of agreements relating to the distribution of products is a matter between the parties to such agreements, TikTok Shop does not generally assist with this type of enforcement activity (unless the actions complained of are an infringement of IPR rights).

5.3 Parallel Imports

Except where expressly prohibited according to the laws of the country where the IPR infringement notice is filed, TikTok Shop will not process complaints directed against parallel import or grey market products in the countries where the Platform is located.

5.4 Sale Price Control

The platform will not process notices purely based on products listed for sale under a specific price point, such as Minimal Advertised Price (MAP) or Manufacturers Suggested Retail Price (MSRP).

5.5 Fair Dealing

Using a third party's copyrighted work for research, private study, criticism/review, reporting current events, quotations, or other equivalent purposes may not violate our policies if it complies with specific criteria and/or applicable laws around fair dealing.

5.6 Honest Commercial Practices

The use of a third party's trademark may not constitute an infringement if it is used (among other things) to describe characteristics of goods/services or the intended purpose of a product or service. In particular, accessories or spare parts (provided that, in each case, the use is in accordance with honest practices in industrial or commercial matters).

5.7 Jurisdiction

TikTok Shop does not take action regarding IPR infringement notices concerning trademarks, invention patents, or designs from countries other than the country where the takedown is requested. If you are filing a notice to the platform for the infringement of a trademark/patent/design, your trademark/patent/design must be protected in the country where you are filing the notice of infringement. For example, if you are the proprietor of a trademark registered only in Indonesia and a notice to remove a listing is filed in the United Kingdom, your notice will be unsuccessful.

6.Enforcement Actions

Sellers who are found to violate our TikTok Shop Intellectual Property Policy will have enforcement actions taken against their account in accordance with our TikTok Shop Seller Performance Evaluation Policy and Merchant Terms of Service. Sellers should note that repeated offenses will result in more significant penalties.

• Enforcement actions may 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.

7. IPR Infringement Counter-Notification Submission Process

If a seller or creator receives an IPR infringement notification that they believe is in error or that they are authorized to use the product and/or content, they can reach out to the IPR owner directly to request a retraction.

The seller or creator may also file an appeal through the Seller Center by raising a ticket. 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 include the following materials in your counter-notification:

• Identity Information. For an individual, please include your full name. For an entity, please include a copy of your business registration certificate.
• Contact information. In addition to your full name, please include your address, e-mail address, telephone number, and a statement that you consent to the jurisdiction where the platform is located and will accept service of process from the claimant.
• Nature of the Counter-notification. Identify the location of the product and/or content that has been removed (or to which access has been disabled) and explain in detail why such product and/or content is not infringing the IPR of others – or that the product or activity was removed or disabled by mistake or misidentification
• Proof of your IPR or authorization. Provide evidence of the IPR ownership, such as your registration certificate from the relevant authorities. If you are not the IPR owner, you must provide supporting documents signed or stamped by the IPR owner to prove they have authorized you to use the IPR.
• Good-faith Statement. Include a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled due to a mistake or misidentification.
• Others. Include any other materials that can support your counter-notification.

Failing to include the necessary information may limit our ability to deal with your claims and result in your counter-notification being denied. The Platform may seek further information in order to verify your authority to submit the counter-notification.

*Note: You will be liable for any damages incurred by TikTok Shop and or its affiliates (including costs and legal fees) if you materially misrepresent that a product or activity is not infringing the IPR of others or that the product or activity was removed or disabled by mistake or misidentification. Accordingly, if you are unsure whether certain material infringes the IPR of others or that the material or activity was removed or disabled by mistake or misidentification, we suggest you contact a lawyer in the first instance.

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.

The counter-notification process takes time to complete, so please be patient. During this time, the IPR claimant may file an action seeking a court order to keep the content off our platform pursuant to local laws.

Please note that we will provide the entire counter-notification to the original reporter, including any contact information you provide, in accordance with our Terms of Services and Privacy Policy.

If we do not receive a notice that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed if the material does not infringe a third-party's IPR. The decision to re-post any material is at the platform’s sole discretion