What are patents and designs?

• Patents protect inventions and give the owner the right to prevent others from making, using, disposing of, importing, offering for sale, or selling anything using or made with the invention in the jurisdiction that the patent is granted.
• Designs refer to 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, designs may be protected by different design rights in different jurisdictions. The owners of such rights have the exclusive rights to make products for or incorporating the designs.

What are patent and design infringements?

• Patent infringement may include making, using, importing, offering for sale, or selling a patented product, or offering a patented process without permission from the IPR owner within the jurisdiction where the patent is granted.
• Design infringement might include:
  • Making, offering, putting on the market, importing, exporting, or using a product with a design similar to a product with a legally-protected design without authorisation from the registered design owner.
  • Stocking a product where the unauthorized design is incorporated or placed without the consent of the IPR owner.

How can I reduce the risk of patent and design infringements?

The following tips may help to reduce the risk of design infringement. TikTok can not provide you with legal advice, so if you have questions or concerns regarding your rights or obligations, you may wish to seek independent legal advice. You may want to consider undertaking the following:

• Respect intellectual property rights: Be mindful of and respect third party intellectual property rights. It is important to note that a lack of knowledge does not serve as a valid defense against patent, design, or other IP infringement. Accordingly, before using any material that may potentially be protected in your product or content, research whether they are protected by a registered design or patent.
• Obtain permission: If you intend to use patented material, consider seeking legal advice to understand how best to seek permission from the rights owner.
• Be original: Focus on creating original content and products.

What happens if I breach these guidelines?

If you are found to violate these guidelines, you may have enforcement actions taken against your account. You should note that repeated offenses will result in more significant penalties.Please see our Violation Reasons, Points & Enforcement Actions for Sellers article and Seller Terms of Service for more information. If you think an enforcement action has been taken against you in error, please raise an appeal via the Seller Center. Please read our Seller Appeal Guidelines article for more information.
Please click here to read TikTok Shop by Tokopedia Intellectual Property Policy.