Overview

This TikTok Shop Intellectual Property Policy (the "Policy") outlines how third-party intellectual property rights ("IPR") are protected within TikTok Shop to ensure a safe and trustworthy marketplace for our users. This Policy supplements TikTok's Community Guidelines, TikTok Shop's Creator Terms of Use, and Seller Terms of Service (collectively, "TikTok Terms").This policy applies to any TikTok Shop seller or creator who uploads content, promotes, or sells products or services. Actions that infringe the IPR of others, or encourage or induce infringement, are prohibited. Such actions are subject to all enforcement actions set forth in the TikTok Terms, the Seller Enforcement Policy, and the Creator Performance Evaluation Policy.Enforcement actions include, but are not limited to:

• Removing or restricting your product listings or TikTok Shop permissions
• Suspending or terminating any TikTok user accounts
• Temporarily or permanently terminating access to your TikTok Shop account
• Temporarily or permanently withholding any balance, or canceling any transaction, associated with a seller's violation
• Taking any additional actions deemed necessary by TikTok, in its sole discretion, including but not limited to initiating civil or criminal proceedings independently or in conjunction with Intellectual Property Rights (or IPR) owners

This policy is not intended as legal advice. For any questions regarding US laws and regulations, we encourage all users to seek independent legal advice.

This policy is updated periodically. Sellers and creators must check this document regularly to ensure compliance with our current policy.TikTok Shop reserves the right to make changes to any policy at any time without prior notice. Please review our TikTok Shop Policy Center updates section on TikTok Shop Academy for the most up-to-date policy.

Prohibited Practices

TikTok Shop expressly prohibits the unauthorized use of any third-party intellectual property rights. This includes, but is not limited to:

Counterfeits

Counterfeit goods attempt to imitate authentic products without authorization and may infringe on third-party trademarks, design patents, and trade dress (the overall look and feel of a product or its packaging). The promotion or sale of counterfeit products is strictly prohibited on TikTok Shop. This includes the unauthorized display of brand names, logos, or trademarks in product images, product descriptions, livestreams, or videos without the brand owner's authorization.TikTok Shop takes action against counterfeiting and considers the following as engaging in counterfeit behavior:

• Advertising or selling counterfeit products
• Displaying unauthorized brand names, trademarks, or logos in any form of content, including, but not limited to, product detail pages, videos, and livestreams
• Intentionally blurring or hiding any brand name or logo
• Behaviors or written or verbal messages (including text, image, sound, and video) that imply the sale of counterfeit products

Trademark Infringement

TikTok Shop users are prohibited from using third-party trademarks on their physical products, in their listings, in their content, or shop name or avatar without proper authorization. A trademark is a word, symbol, design, sound, or a combination of these (such as a brand name or logo). It identifies products or services from a particular source and distinguishes them from others. Generally, trademark laws exist to prevent customer confusion about the source of goods or services. Trademark Infringement also includes the usage of third-party trademarks in content and product descriptions. Refer to our Intellectual Property Infringement article for examples of how to reduce the risk of accidentally infringing on the IP rights of others.

Example: “TikTok” is a registered trademark that we use for many of our products and services. Other TikTok trademarks contain both pictures and words, such as the "TikTok" logo.

Copyright Infringement

TikTok Shop users are prohibited from using third-party copyrighted material without proper authorization. Copyright is a legal right that protects original works of authorship (for example, photos, text, music, and videos). This right gives copyright holders control over how their creations are used, reproduced, distributed, or performed. Copyright ownership is automatic and does not require registration, notice, or publication for a copyright to exist.

Knockoffs

Commonly known as "copycat" products, these products are not identical to authentic branded products but closely resemble their logos or trademarks. Knockoffs may also: • Be lower in quality or priced lower than the original products they imitate • Violate a third-party design patentKnockoff products may imitate or infringe the legitimate rights of owners of branded, authentic products, and in some cases, violate local laws. The promotion or sale of knockoff products is strictly prohibited on TikTok Shop.

Patent Infringement

• Design Patent: Protects the unique, ornamental visual design of a functional item.
• Utility Patent: Covers the creation of a new or improved—and useful—product, process, or machine.
If there is no valid court order, please contact the party you believe is infringing on your utility patent directly.

Rights of Publicity or Personality Rights Infringement

TikTok Shop users are prohibited from using the name, image, or likeness of a third-party without authorization. Rights of publicity (sometimes called "personality rights") give individuals the right to control their name, image, likeness, or other identifying aspects of identity. For example, you may not use a music artist's or athlete's name or image on a shirt without their authorization. You also may not suggest a product is sponsored or promoted by a famous athlete without permission.

Brand Authorization

For certain products, brands, and categories, we require sellers to obtain approval before listing products. This process, known as Brand Authorization, allows sellers to submit valid documentation from brand owners through Seller Center. This documentation confirms that sellers are authorized to sell the brand's products or use its intellectual property.To obtain Brand Authorization, sellers must provide documentation in Seller Center depending on their relationship to the brand:

• Trademark Owners: Submit the trademark registration number
  • If the trademark’s listed contact email is outdated or inaccessible, you must update it with the United States Patent and Trademark Office (USPTO) before applying. Use USPTO's Correspondence and Attorney/Domestic Representative Forms to update the contact.
• 1st-Level Authorized Sellers: Submit a Letter of Authorization (LOA) from the brand or trademark owner
• 2nd-Level Authorized Sellers: These sellers must submit 2 LOAs:
  • The first LOA must come from the trademark owner to the first-level authorized seller.
  • The second LOA must come from that first-level authorized seller (the party who authorizes you) to the second-level authorized seller (you, the applicant).
• Sellers Seeking Co-Branding or Licensing Rights: Submit a valid Licensee Agreement authorizing the use of a licensor's brand.

TikTok Shop reserves the right to request Brand Authorization documentation at any time and may reject any documents deemed insufficient or falsified. Sellers are responsible for ensuring that all submitted documentation is accurate, complete, and up to date to avoid listing restrictions or enforcement actions.

Reporting Infringement

Only IPR owners or their authorized representatives may file an IPR infringement notice. Before submitting an IPR infringement notice, keep in mind 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, you should obtain legal counsel.

Note: In accordance with our Seller Terms of Service and Privacy Policy, we may provide the account holder with your contact information. This can include the IPR owner's name, your email address, and other details from the notice.

When submitting an IPR infringement notice to us, the rights owner or their authorized representative must follow the processes specified below.

Submitting an Infringement Notice via TikTok Shop's Intellectual Property Protection Center

• IPR owners or their authorized representatives may use the TikTok Shop Intellectual Property Protection Center (or IPPC) to submit an IPR infringement notice. If you are unsure whether third-party intellectual property rights are being violated, we encourage you to seek independent legal advice before submitting a notice.
• The IPPC is an integrated platform that allows rights owners to protect their IPR across products sold on our platform. Rights owners can submit their IPR details, detect infringing products, file infringement notices, and track the progress of their notices on the IPPC.
• Rights holders must provide complete information when requested on the IPPC. Incomplete information may limit our ability to investigate and could result in the denial of the notice.
• During investigations, additional information may be requested to properly address the notice of IPR infringement.

Submitting an Infringement Notice through TikTok Shop's Intellectual Property Rights Web Form

• If you are unsure whether third-party intellectual property rights are being violated, we encourage you to seek independent legal advice before submitting a notice.
• All notices must include the information requested in our TikTok Shop Intellectual Property Rights Report form. Failure to provide necessary details may limit our ability to investigate your claims and result in your complaint being denied.
• During our investigations, we may request additional information to address the notice of IPR infringement.

Alternative Means of Reporting Copyright Infringement

The easiest way to report copyright infringement is through the TikTok Shop Intellectual Property Rights Report form or the Intellectual Property Protection Center; however, users may also report copyright infringement by contacting our designated agent:TikTok, Inc.Attn: TikTok Designated Agent5800 Bristol PkwyLos Angeles, CA 90034Phone: (424)-351-0994Email: Copyright@tiktok.com
Keep in mind that if you submit a report to our designated agent by any means other than through our online form, you must include a complete copyright claim.

Types of IPR Infringement Notices That May Not Be Accepted by TikTok Shop

The types of notices that are not accepted by TikTok Shop include, but are not limited to:

Distribution Agreements

TikTok Shop does not typically enforce private distribution agreements, as violations of these agreements may not constitute IPR infringement. Key points to understand are:

• TikTok Shop respects that brands may have exclusive distribution agreements.
• However, enforcement of these agreements is a private matter between the parties involved.
• We will not take action on notices based solely on distribution agreement violations, unless a separate IPR infringement has occurred.

Sale Price Control

TikTok Shop will not process notices based solely on products listed for sale below a specific price point, such as Minimal Advertised Price (MAP) or Manufacturers Suggested Retail Price (MSRP).

Jurisdiction

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

Enforcement Actions

Sellers or creators who are deemed to have violated any TikTok Shop policy may have enforcement actions taken against them in accordance with our TikTok Shop Seller Enforcement Policy, Creator Performance Evaluation Policy, and our TikTok Terms. Sellers and creators should be aware that certain violations, such as repeated offenses or the sale of counterfeit goods, are more likely to result in stricter penalties, including potential account deactivation.

Appeals

Methods of Appeal

If a user who receives an IPR infringement notification believes the notification is in error or that they are authorized to use the product and/or content, they can:

• Submit an appeal to TikTok Shop
• Submit a Digital Millennium Copyright Act (DMCA) Counter-Notice (copyright violations only)

Submitting Appeals to TikTok Shop

Users may file an appeal through the Seller Center by raising a ticket. We will then investigate the case and take corrective actions where applicable.To appeal IPR violations and enforcement actions, please visit your TikTok Shop Seller Center and visit the "Shop Health" tab to review any violation records and the documents required to appeal. Depending on the violation, you may be asked to provide documents supporting your appeal which could include (but are not limited to) an IPR certificate, a letter of authorization from the IPR owner, or a proof of purchase.More information for appeals can be found in our Seller Appeals for IPR violations article.

TikTok Shop Appeals Guidelines

• For Sellers: You can raise a maximum of 2 appeals per case. The first appeal must be submitted within 30 days of the enforcement action, and the second appeal within 15 days of the first appeal’s rejection.
• For Creators: You can raise a maximum of 1 appeal against one case. You must raise this 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 the appeal will not be successful.
• All appeal decisions may be made by TikTok in its sole discretion.

DMCA Counter-Notice Submission Process

Users who have content removed due to reported copyright infringement may file a counter-notice under the Digital Millennium Copyright Act to request reinstatement. This process can be completed in Seller Center by submitting a ticket. The counter-notice must include the following:

• Identity Information: For an individual, include your full name. For an entity, include a copy of your business registration certificate.
• Contact information: In addition to your full name, include your address, email address, telephone number, and a statement that you consent to the jurisdiction in which the address is located (see 17 U.S.C. 512 (g)(3)) and will accept service of process (the formal delivery of legal documents) from the claimant.
• Nature of the Counter-Notice: Identify the location of the product or content that has been removed (or that access has been disabled) and explain in detail why such product or content is not infringing upon the IPR of others – or that the product or activity was removed or disabled by mistake or misidentification.
• Good-Faith Statement: Include a statement under penalty of perjury (a declaration that you are telling the truth and understand you could face legal consequences for lying) that you have a good-faith belief that the material was removed or disabled due to a mistake or misidentification.

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

Note: You may 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 it was removed or disabled by mistake or misidentification. If you are unsure whether certain material infringes the IPR of others, or was removed or disabled by mistake, we suggest you contact a lawyer first.

Submitting a counter-notice does not guarantee a successful outcome. A counter-notice ensures that TikTok Shop will review the relevant case in consideration of additional materials or explanations provided by the seller. The copyright claimant may file an action seeking a court order to keep the content down pursuant to the United States Digital Millennium Copyright Act (DMCA). Note that, where appropriate and authorized by law, we will forward the entire counter-notice to the original reporter, including any contact information you provide, in accordance with our Terms of Service and Privacy Policy. The claimant may use this information to file a lawsuit against you.
If we do not receive notice that the copyright claimant is seeking a court order to prevent further infringement of the material at issue, we may restore or cease disabling access to the product or content that was removed if the material does not infringe on third-party copyright. The decision whether to restore or cease disabling access to the material at issue will be at TikTok's sole discretion.