Chống Hàng giả và Hàng nhái
1. Overview
TikTok Shop has zero tolerance for counterfeit or imitation products. Products sold on TikTok Shop must be authentic and not cause confusion due to their similarity to third-party Intellectual Property. The TikTok Shop Anti-Counterfeiting and Counterfeiting Policy (hereinafter referred to as “this policy”) has been drafted with the express purpose of:
Building a positive shopping environment on TikTok Shop; and
Providing a shopping experience that users can trust; and
Protecting brands and other rights holders.
It is the responsibility of sellers to ensure that they do not sell counterfeit or imitation products on our Platform. Sellers are responsible for ensuring that the listing, advertising, sale, and offering of products on TikTok Shop comply with applicable laws and regulations. These guidelines are intended to facilitate seller compliance. The guidelines cover all possible scenarios and are not intended as legal advice. We encourage sellers to seek independent legal advice if they have any questions about the laws and regulations relating to counterfeit or pirated products.
The TikTok Shop Counterfeit and Counterfeit Policy is updated periodically. It is the seller's responsibility to check this page regularly to ensure that they are in compliance with current guidelines.
2. General Principles
2.1 Counterfeit Goods / Counterfeit Products
“Counterfeit” generally refers to the illegal manufacture, distribution and/or sale of branded copies of a product, including the unauthorized use of a trademark that is identical or substantially similar to another person’s registered trademark on the goods listed in the registration or on the product’s packaging or marketing materials). The listing, marketing and sale of counterfeit products is strictly prohibited on TikTok Shop. This includes displaying a brand name, logo or trademark on a product or in product images, product descriptions, LIVEs or videos without the trademark owner’s permission.
2.2 “Counterfeit” Products
“Counterfeit” products, also known as “look-alike” or “copycat” products, refer to products that resemble branded, genuine products, but are not the same products. They typically do not have the exact same branding or logo as the brand they are trying to imitate and are often of lower quality or lower price than the product being imitated. Counterfeit goods may also have similar branding, logos, color schemes, packaging, product design, and/or “settings” (if any) to the product being imitated.
Counterfeit products may unfairly/dishonestly imitate or infringe on the legal rights of the owners of genuine, branded products and in some cases violate local laws. In such cases, the posting, marketing, and sale of illegal products is strictly prohibited on TikTok Shop, including on livestreams/LIVE or in videos.
2.3 Prohibited Conduct
We take a strict stance against counterfeit and illegal products. We prohibit the following conduct on our Platform:
Posting, advertising, and/or selling counterfeit or pirated products.
Brand fraud (including, but not limited to, labeling, smearing, papering, writing or inlaying, or tape, etc.) that obscures or conceals brand information so that the brand of the product cannot be identified.
Written or verbal conduct and/or messages (including text, images, audio, and video) that imply the sale of counterfeit or counterfeit products.
2.4 Basic Requirements
TikTok Shop strives to ensure a trustworthy shopping experience for our customers. We work with manufacturers, brand owners, rights holders, sellers, and creators to prevent counterfeit or counterfeit products from reaching TikTok Shop customers. Sellers are responsible for sourcing, selling, and ordering only authentic products. We reserve the right to explicitly remove any products or content that violate or are suspected of violating our policies. We are not required to provide notice before removing any products or content that violate or are suspected of violating our policies.
Sellers who intend to list products with brands, brand names, or logos that they do not own must first obtain permission from the relevant copyright owner. Once authorized, sellers should upload documentation confirming this authorization to Seller Central.
In addition to the above, TikTok Shop will require sellers to submit brand authorization documentation and/or invoice history for specific brands before listing products from those brands. TikTok Shop has sole discretion to determine which brands fall into this category.
Sellers whose products are rejected for “lack of brand authorization and/or invoice history” will be required to upload brand authorization documentation and/or invoice history before they can list those products.
3. Enforcement Procedures
3.1 Identifying Suspected Counterfeit and Counterfeit Products
TikTok Shop has mechanisms and processes in place to prevent the posting and/or sale of counterfeit and counterfeit products as much as possible, particularly in situations where we become aware of or become aware of them. We may require retailers to provide us with documentation, such as brand authorization or proof of product authenticity, to their product listing page.
In situations where a product is suspected of being counterfeit and/or counterfeit, or a rights holder files a counterfeit and/or counterfeit report, TikTok Shop reserves the right and discretion to take all appropriate measures, including taking immediate action to delist the relevant products and notify the seller. For the avoidance of doubt and to the maximum extent permitted by applicable law, TikTok Shop is not required to provide prior notice to the seller before removing or delisting such products.
3.2 Counterfeit and Counterfeit Investigations
TikTok reserves the right to seek assistance from rights holders or request competent authorities to conduct our investigation. A product will be considered counterfeit or pirated on our Platform in the following situations (and will continue to be supplemented):
We receive formal notification and sufficient supporting documentation from a regulatory body, competent authority, brand owner, rights holder, manufacturer, brand owner's agent, or any other party TikTok deems appropriate in its sole discretion, demonstrating that the product is counterfeit or pirated.
The seller receives our notification of a suspected counterfeit or pirated product but fails to file a dispute within the timeframes specified by our Platform.
The Seller has filed a dispute upon receipt of a notice of counterfeit or imitation within the timeframe specified by our Platform, with sufficient supporting documentation to demonstrate that the product is genuine and not illegitimate.
The Seller acknowledges that the product is counterfeit or imitation.
A certified third-party quality control agency or authenticity verification agency has tested or determined the goods to be substandard or non-genuine and/or of inferior quality to the branded, genuine goods.
3.3 Disciplinary Actions
Sellers should note that repeat violations will result in more severe penalties.
Disciplinary actions include, but are not limited to:
Removal and/or unlisting of counterfeit/copycat products/content.
Termination of the seller’s account or the Retailer Terms of Service.
Confiscation of seller’s deposits.
Subject to any applicable data protection obligations, TikTok Shop also reserves the right to report sellers suspected of violating local laws and regulations to relevant regulatory authorities as appropriate. If TikTok suspects that any counterfeit or pirated goods have been sold on the Platform, TikTok Shop reserves the right, subject to all applicable data protection obligations, to provide any relevant information about the seller’s account or behaviour leading to orders for counterfeit or pirated goods on our Platform to the relevant authorities without prior notice to the seller.
To the fullest extent permitted by law, TikTok Shop will not be liable for any loss (whether direct or indirect) that a seller may suffer as a result of TikTok Shop’s enforcement actions following a breach of this policy.
3.4 Appeals
If a seller or creator is suspected of breaching this policy, they will receive an email notification and a notice of infringement in Seller Central.
If a seller or creator believes that enforcement action has been taken against them in error, they may appeal through Seller Central by submitting a ticket. They will also be required to provide the necessary supporting documentation within the time limit set by us after the product is delisted or a counterfeit or pirated product report is received. TikTok Shop will then investigate the incident and take corrective action if applicable.
The appeal instructions are as follows:
A seller may appeal up to two appeals per case. The first appeal may be made within 30 days of the date we took the action. The second appeal may be made within 15 days of the date the first appeal was denied.
A creator may appeal within 30 days of the date we took the action.
If the seller or creator's appeal is successful, we will remove any penalties imposed and restore previously revoked privileges.
If the seller or creator decides to waive their right to appeal or fails to provide valid and clear documentation to prove authenticity, the appeal will be deemed unsuccessful.
All decisions by TikTok Shop are at our sole discretion.
Appeals made after the deadline specified above will not constitute a valid appeal and will not be considered by TikTok Shop.
Please note that during the investigation, the seller is responsible for the following:
Collecting and preparing sufficient supporting documents to prove the authenticity of the specific business or goods. Supporting documents include but are not limited to copies of valid trademark or design registration certificates in the relevant country (if applicable), brand authorization, proof of purchase such as commercial invoices, contracts, purchase orders from the brand owner, and test reports issued by a third-party laboratory or competent authority. In the case of counterfeit goods, supporting documentation may include documents issued by the competent authority in the relevant country confirming that there is no risk of infringement or consumer confusion.
Ensure that the seller does not modify the above-mentioned document(s) in any way, except to remove confidential information such as price. Providing false or misleading documents is a violation of this policy and may result in additional sanctions being taken against the offending account in accordance with the TikTok Shop Retail Terms of Service and this policy.
Provide a clear explanation of why the sanction was taken against them in error.
Provide any additional documents or information that TikTok Shop may request.
Important notes: Filing a dispute does not guarantee a successful outcome. A dispute ensures that TikTok Shop will evaluate the relevant case taking into account the additional documents or explanations provided by the seller.
3.5 Other Actions and Controls
After a counterfeit or pirated product investigation is complete, if we are able to demonstrate that the product is genuine and not illegal, we will withdraw any sanctions or sanctions against the product or seller.
Please note that to protect our customers, we also work with rights holders and law enforcement agencies around the world to take and support legal action against sellers and creators who attempt to violate this policy.
4. Reporting Counterfeit or Counterfeit Products
We encourage brand owners, rights holders, and users to report suspected counterfeit or pirated products to us.
Intellectual property rights (IPR) owners or their authorized representatives may submit notices of IPR infringement. When submitting a notice of infringement of an individual intellectual property right to us, the right owner or their authorized representative must follow the process set out in Sections 4.1 or 4.2 below.
Note: We may provide the account holder you identify in the IPR infringement notice with your contact information, including the IPR owner's name and email address, and/or other details of the notice, in accordance with our Terms of Service and Privacy Policy.
If you are not the IPR owner or an authorized representative, you may report counterfeit or pirated products by submitting a "Potentially Counterfeit Product" or "Potentially Counterfeit Product" report on the relevant product detail page or related content. We will process all reports in accordance with our standard intellectual property infringement procedures. Here are the ways to report such infringement to us.
4.1 Reporting via TikTok Shop's Intellectual Property Protection Center
IPR owners/authorized representatives can use TikTok Shop's Intellectual Property Protection Center (IPPC) to file IPR infringement notices.
IPPC is an integrated platform for rights holders to protect their IPR for products sold on TikTok Shop. Rights holders can submit evidence of their IPR, detect products that infringe their IPR, file IPR infringement notices, and track the progress of their submitted notices on IPPC.
Trademark or rights owners must provide complete information when requested on IPPC. Failure to provide the required information may limit our ability to investigate complaints and result in your notice being rejected.
During the investigation, we may also request additional information to process the IPR infringement notice.
4.2 Reporting via TikTok Shop’s IP Reporting Form
If the IPR owner/authorized representative is unable to access the IPPC, the IPR owner/authorized representative may file an IP infringement notice online by submitting a TikTok Shop IP Reporting Form.
All notices must contain the information requested in the TikTok Shop IP Reporting Form online. Failure to include the required information may limit our ability to investigate your complaint and may result in your complaint being rejected.
TikTok Shop may also request additional information from the trademark owner, rights owner, or their authorized representative in order for us to process the IPR infringement notice. Failure to include the required information may limit our ability to investigate your complaint and may result in your complaint being rejected.
