This policy applies to products listed on TikTok Shop by Tokopedia. For products listed on Tokopedia, please refer to the Pusat Edukasi Seller Tokopedia.

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1. Overview

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

• Build and promote a safe and trustworthy e-commerce environment on TikTok Shop by Tokopedia, and
• To provide a positive experience to sellers and consumers in accordance with relevant laws and regulations.

All users of the TikTok Shop by Tokopedia (“Platform”) are strictly prohibited from infringing the intellectual property rights (“IPR”) of others.
Users who upload content, list products or services, or use our Platform in any manner that infringes the IPR of others shall be subject to the measures detailed in our Platform policies, which may include (but are not limited to) the following:

• The restriction of product listings.
• The suspension of seller or creator accounts.
• Permanent termination of access to our Platform.
• 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 by Tokopedia 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 Trade marks

2.2 Copyright

2.3 Patents

2.4 Designs

3. IPR Infringements

3.1 Trade mark Infringement

3.2 Copyright Infringement

• The use of copyrighted subject matter 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

3.4 Design Infringement

• Making, offering, putting on the market, importing, exporting, or using a product in which the design is incorporated or on which the design is 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, infringement will only occur if the unauthorised activity 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 or other penalties 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 by Tokopedia's Intellectual Property Protection Centre

• IPR owners/authorized representatives may use the TikTok Shop by Tokopedia 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 our Platform. Rights owners can submit details of their IPR, detect infringing 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 by Tokopedia'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 by Tokopedia Intellectual Property Rights Report form.
• All notices should contain the information requested in our TikTok Shop by Tokopedia 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 May Not Be Accepted by

TikTok Shop by Tokopedia
The types of notices which may not be accepted by our Platform include but are not limited to:

5.1 Third-Party Product or Services

Our Platform is not in a position to adjudicate disputes between third parties. 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

Our Platform 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, The Platform does not generally assist with this type of enforcement activity (unless the actions complained of constitute an infringement of IPR).

5.3 Parallel Imports

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

5.4 Sale Price Control

Our 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, parody 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 trade mark 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

Our platform does not take action regarding IPR infringement notices concerning trade marks, 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 trade mark/ patent/ design, your trade mark/ patent/ design must be protected in the country where you are filing the notice of infringement. For example, if you are the owner of a trade mark 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

We may take enforcement action against seller accounts that we deem to have violated our TikTok Shop by Tokopedia Intellectual Property Policy in accordance with our TikTok Shop by Tokopedia Seller Performance Evaluation Policy and Merchant Terms of Service. Sellers should note that repeated offenses may result in more significant penalties.

• Enforcement actions may include but are not limited to:
  • Removal and/or restriction of the infringing product/content.
  • Termination of the seller's account and Merchant Terms of Service.
  • Confiscation of any seller deposit.

Our Platform also reserves the right to report sellers who violate local laws and regulations to the relevant legal authorities where appropriate. We additionally reserve the right to provide any relevant information about any such seller's account or infringing behavior to authorities without prior notice to the seller.
Subject to any applicable data protection obligations, the Platform further reserves the right to disclose seller information or data to relevant right holders or any other third parties in response to any legal requirements, to enforce our policies, or if it is made aware of a possible violation of third party rights by any content found on our Platform or any use of our Platform. The disclosure of seller information or data includes, but is not limited to, the seller's name, shipping address, contact details, associated accounts, logistics data, sales information and any other information deemed appropriate by our Platform.

7. IPR Infringement Counter-Notification Submission Process

If a seller or creator receives an IPR infringement notification that they believe is in error or believes 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. Our Platform 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 enforcement action taken by us. 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 enforcement action taken by us.
• If a seller's or creator's appeal is successful, we will remove any penalties issued and restore any withdrawn privileges.
• If a 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 our Platform are at our sole discretion.
• Any appeals raised after the timelines stipulated above may not constitute a valid appeal and may not be reviewed.

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 our Platform is located and will accept service of process from the claimant if applicable.
• Nature of the Counter-notification. Identify 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 on 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. Our 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 our Platform 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 our Platform 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 our Platform’s sole discretion.