Appeal Guidelines for IPR Penalties

Manage Products
  1. Appealing Intellectual Property Rights (IPR) Violations


At TikTok Shop by Tokopedia, we work hard to create a secure and trustworthy environment for all of our users. The protection of others' intellectual property rights is a critical factor in keeping our platform secure. As a result, we take action against sellers or creators who breach our TikTok Shop by Tokopedia Intellectual Property Policy and related guidelines.
If you receive a notice or warning of infringement and believe the rights owner or TikTok Shop by Tokopedia made an error, you may appeal or dispute the claim by raising a ticket/appeal in the Seller Center.
  1. The Appeal Process

It is important to note that the appeal process and timeline differ depending on if you are a seller or creator.

2.1 For Sellers

  1. Please login to your TikTok Shop by Tokopedia Seller Center
  2. Click on the "Shop Health" tab and navigate to the "Violation Records" tab
  3. Click on the "Appeal" button to file an appeal
  4. Once done, you can click on "Appeal Details" to monitor the status of your appeal
IPR.png
For each violation, sellers can file up to two appeals.
  • The first appeal must be filed within thirty (30) calendar days from the date the violation notification was issued.
  • The second appeal must be filed within fifteen (15) calendar days after the rejection of the first appeal.

2.2 For Creators

  1. Please login to your TikTok Shop by Tokopedia Account Standing page.
  2. Click on the "Account Standing" tab and navigate to the "Violation Details" tab
  3. Click on the "Appeal" button to file an appeal
  4. Once done, you can click on "Appeal Details" to monitor the status of your appeal
c915c657ba5d46449b80072e81c5755d~tplv-nk3i2mqmvs-image.png
  • Creators may file one appeal for each violation.
  • The appeal must be filed within thirty (30) calendar days from the date the violation notification was issued.
  1. Supporting Documents for Appeal

When submitting appeals, TikTok Shop by Tokopedia requires sellers and creators to provide supporting documents to help us with our investigation. The guidelines below sets out the supporting documents that sellers or creators must provide during an appeal for different types of alleged intellectual property rights violations.
Please ensure that you submit the relevant supporting documents that correspond to your alleged violation type.

3.1 Trademark Counterfeit

This violation type occurs when the listed product is alleged to infringe on another's trademark rights as it involves the sale or promotion of counterfeit products.
To appeal a counterfeit product violation, you need to submit one of the document types listed here.
Note: For sellers selling on both TikTok Shop by Tokopedia and Tokopedia, please ensure any Letter of Authorisation submitted expressly provides for and names both platforms.
  • Letter of Authorisation from the Trademark Owner or Level 1 Distributor. It should include the following information:
    • Name of authorising party
    • Name of authorised party
    • Authorised rights (rights to use trademark for the complained products / rights to sell or promote the complained products)
    • Authorised country
    • Authorisation period
    • Stamp of the authorising party (if the IPR Owner is a corporate entity)
    • Signature of the IPR Owner (or representative if the IPR Owner is a corporate entity)
  • Proof of Purchase (either a receipt or invoice) from the Brand Principal or Internationally recognised wholesale/Retailer with legitimate sources issued within the last 12 months. It should include the following information:
    • Purchase date
    • Seller information
    • Buyer information
    • Purchase item information
    • Price of purchase item
  • Trademark Certificate or equivalent official document from the Government, national Intellectual Property office, European Union Intellectual Property Office or World Intellectual Property Organization. It should include the following information:
    • Trademark information
    • Trademark certificate issuance country
    • Trademark Owner name
    • Validity period
    • Trademark classification
  • Brand Qualification Screenshot from "Seller Center" > "My Account" > "Account Settings" > "Qualification Center" > "Brand qualification" > "Brand qualification details". It should include the following information:
    • "Approved" label
    • Shop Name
    • Brand Name
    • Expiry Date
    • Category
Note: Brand Qualification Screenshots may not be used as appeal material for infringement reports coming from IP Rights Owners and/or their authorised representatives.
Sample Brand Qualification Screenshot:image

3.2 Trademark Wrong Association

This violation type occurs when the listed product infringes on another's trademark rights because the associated trademark is for a different product. To appeal, you need to submit one of the document types listed here.
Note: For sellers selling on both TikTok Shop by Tokopedia and Tokopedia, please ensure any Letter of Authorisation submitted expressly provides for and names both platforms.
  • Letter of Authorisation from the Trademark Owner or Level 1 Distributor. It should include the following information:
    • Name of authorising party
    • Name of authorised party
    • Authorised rights (rights to use trademark for the complained products)
    • Authorised country
    • Authorisation period
    • Stamp of the authorising party (if the IPR Owner is a corporate entity)
    • Signature of the IPR Owner (or representative if the IPR Owner is a corporate entity)
  • Trademark Certificate or an equivalent official document from the Government, national Intellectual Property office, European Union Intellectual Property Office or World Intellectual Property Organization. It should include the following information:
    • Trademark information
    • Trademark certificate issuance country
    • Trademark Owner name
    • Validity period
    • Trademark classification

3.3 Trademark Over Use

This violation type occurs when the listed product uses another's trademark in the product listing image(s) to promote the product / service predominantly without the authorisation of the trademark owner. To appeal, you need to submit one of the document types listed here.
  • Letter of Authorisation from the Trademark Owner or Level 1 Distributor. It should include the following information:
    • Name of authorising party
    • Name of authorised party
    • Authorised rights (rights to use trademark for the complained products)
    • Authorised country
    • Authorisation period
    • Stamp of the authorising party (if the IPR Owner is a corporate entity)
    • Signature of the IPR Owner (or representative if the IPR Owner is a corporate entity)
Note: For sellers selling on both TikTok Shop by Tokopedia and Tokopedia, please ensure any Letter of Authorisation submitted expressly provides for and names both platforms.

3.4 Copyright Piracy

This violation type alleges that the listed product infringes on another's copyright as a pirated copy. To appeal, you need to submit one of the document types listed here.
Note: For sellers selling on both TikTok Shop by Tokopedia and Tokopedia, please ensure any Letter of Authorisation submitted expressly provides for and names both platforms.
  • Letter of Authorisation from the Copyright Owner or Level 1 Distributor. It should include the following information:
    • Name of authorising party
    • Name of authorised party
    • Authorised rights (rights to use copyright material)
    • Authorised country
    • Authorisation period
    • Stamp of the authorising party (if the IPR Owner is a corporate entity)
    • Signature of the IPR Owner (or representative if the IPR Owner is a corporate entity)
  • Proof of Purchase (either a receipt or invoice) from the Brand Principal or Internationally recognised wholesale/Retailer with legitimate sources issued within the last 12 months. It should include the following information:
    • Purchase date
    • Seller information
    • Buyer information
    • Purchase item information
    • Price of purchase item

3.5 Copyright Unlawful Access

This violation type alleges the listed product infringes on another's copyright as it provides unauthorised access to copyrighted work. To appeal, you should submit:
  • Letter of Authorisation from the Copyright Owner or Level 1 Distributor. It should include the following information:
    • Name of authorising party
    • Name of authorised party
    • Authorised rights (rights to use copyright material)
    • Authorised country
    • Authorisation period
    • Stamp of the authorising party (if the IPR Owner is a corporate entity)
    • Signature of the IPR Owner (or representative if the IPR Owner is a corporate entity)
Note: For sellers selling on both TikTok Shop by Tokopedia and Tokopedia, please ensure any Letter of Authorisation submitted expressly provides for and names both platforms.

3.6 Copyright Unlawful Reproduction

This violation type alleges the listed product infringes on another's copyright as it involves the sale of products featuring unauthorised copyrighted work, or unauthorised reproductions of copyrighted work. To appeal, you should submit one of the following documents.
Note: For sellers selling on both TikTok Shop by Tokopedia and Tokopedia, please ensure any Letter of Authorisation submitted expressly provides for and names both platforms.
  • Letter of Authorisation from the Copyright Owner or Level 1 Distributor. It should include the following information:
    • Name of authorising party
    • Name of authorised party
    • Authorised rights (rights to use copyright material)
    • Authorised country
    • Authorisation period
    • Stamp of the authorising party (if the IPR Owner is a corporate entity)
    • Signature of the IPR Owner (or representative if the IPR Owner is a corporate entity)
  • Proof of Purchase (either a receipt or invoice) from the Brand Principal or Internationally recognised wholesale/Retailer with legitimate sources issued within the last 12 months. It should include the following information:
    • Purchase date
    • Seller information
    • Buyer information
    • Purchase item information
    • Price of purchase item
  • Proof of Prior Sales/Prior Use of the complained copyright material. It should include the following information:
    • Date of prior sales / prior use
    • Item (product / artwork) of prior sales / prior use

3.7 Copyright Content Infringement

This violation type alleges listed product infringes on another's copyright as copyrighted work is used as listing content. To appeal, you should submit one of the following documents:
Note: For sellers selling on both TikTok Shop by Tokopedia and Tokopedia, please ensure any Letter of Authorisation submitted expressly provides for and names both platforms.
  • Letter of Authorisation from the Copyright Owner or Level 1 Distributor. It should include the following information:
    • Name of authorising party
    • Name of authorised party
    • Authorised rights (rights to use copyright material)
    • Authorised country
    • Authorisation period
    • Stamp of the authorising party (if the IPR Owner is a corporate entity)
    • Signature of the IPR Owner (or representative if the IPR Owner is a corporate entity)
  • Proof of Prior Sales/Prior Use of the complained copyright material. It should include the following information:
    • Date of prior sales / prior use
    • Item (product / artwork) of prior sales / prior use
  • Illustration of Differences. It should include the following information:
    • Legible image / illustration of the allegedly infringed content and the listed product; and the differences between the two.

3.8 Design Infringement

This violation type indicates the listed product was reported to be infringing on the registered design of another party. To appeal, you should submit one of the following documents:
Note: For sellers selling on both TikTok Shop by Tokopedia and Tokopedia, please ensure any Letter of Authorisation submitted expressly provides for and names both platforms.
  • Letter of Authorisation from the Registered Design Owner or authorised Level 1 Distributor. It should include the following information:
    • Name of authorising party
    • Name of authorised party
    • Authorised rights (rights to sell or offer for sale the products with the registered design)
    • Authorised country
    • Authorisation period
    • Stamp of the authorising party (if the IPR Owner is a corporate entity)
    • Signature of the IPR Owner (or representative if the IPR Owner is a corporate entity)
  • Illustration of Differences. It should include the following information:
    • Registered design: front, back, top, bottom, left, and right information of listing product and IPR certificate image / illustration.
  • AND any other additional supporting materials to support why you believe your product is non-infringing.

3.9 Patent Infringement

This violation type indicates the listed product was reported to infringe on another party's patent. To appeal, you should submit one of the following documents:
Note: For sellers selling on both TikTok Shop by Tokopedia and Tokopedia, please ensure any Letter of Authorisation submitted expressly provides for and names both platforms.
  • Letter of Authorisation from the Patent Owner or authorised Level 1 Distributor. It should include the following information:
    • Name of authorising party
    • Name of authorised party
    • Authorised rights (rights to sell or offer for sale the products with the registered patent)
    • Authorised country
    • Authorisation period
    • Stamp of the authorising party (if the IPR Owner is a corporate entity)
    • Signature of the IPR Owner (or representative if the IPR Owner is a corporate entity)
  • Illustration of Differences. It should include the following information:
    • Why the listed product does not infringe a patent. For example, differences between the features or functionalities of the listed product in comparison to claim(s) of the alleged patent.
  • AND any other additional supporting materials to support why you believe your product is non-infringing.
  1. Supporting Document Samples

Below are some samples of what the supporting documents may look like. Note that the list below is non-exhaustive and the documents may differ depending on the local Intellectual Property Offices, Intellectual Property Rights Owners, Distributors and Retailers.
ID.png
  1. Appeal Outcomes

  • If the appeal is successful, TikTok Shop by Tokopedia will remove any penalties issued and restore any withdrawn privileges.
  • If the appeal is unsuccessful, TikTok Shop by Tokopedia will maintain the penalties issued and the withdrawal of privileges.
  1. Common Appeal Rejection Reasons

  • Missing Supporting Material: You have not submitted any supporting materials in your appeal. Please submit a new appeal with supporting documents that correspond to the violation type as per the Appeal Guidelines above.
  • Valid Initial Rejection: The initial appeal rejection is correct and the penalty will be maintained.
  • Unclear Supporting Material: Your material is illegible or not clear enough. Please submit a new appeal with supporting documents of a higher resolution or clarity.
  • Invalid Supporting Material: Your material is insufficient to prove non-violation or is not applicable to the violation type. Please submit a new appeal with supporting documents that correspond to the violation type as per the Appeal Guidelines above.
  • Irrelevant Supporting Material: Your supporting materials do not match the violation type. Please submit a new appeal with supporting documents that correspond to the violation type as per the Appeal Guidelines above.
For a successful appeal, we recommend that you first verify the root cause of the violation and submit the corresponding supporting materials in accordance to the Appeal Guidelines set out above. If you are unsure of the local IP laws and regulations, please seek professional legal advice.