This TikTok Shop UK Intellectual Property Policy (hereafter referred to as "this Policy") lists the requirements that Sellers must meet in order to list products on TikTok Shop.
This Policy applies to Sellers.
All references to TikTok Shop in this Policy are a reference to TikTok Shop UK.
Our TikTok Shop policies are updated periodically. We will generally notify you in advance of any changes to this Policy. Please see the TikTok Shop UK Seller Terms of Service for details of how we may make changes to our terms and policies. Sellers are responsible for checking this page regularly to ensure they comply with our Policy.
Defined terms in this Policy have the following meaning:
IP means intellectual property.
IPR means Intellectual property rights.
Seller refers to a third-party trader on TikTok Shop.
General Principles
TikTok Shop prohibits any kind of activity that infringes third-party IPR. Products offered for sale on TikTok Shop must be authentic and must not create confusion regarding their origin due to their identicality or similarity to a third party’s IPR and/or otherwise protected products belonging to third parties.
The types of IP infringement which are prohibited on TikTok Shop include, but are not limited to:
Trademark infringement;
Copyright infringement;
Patent infringement;
Design infringement;
Unregistered IPR infringement; and
Unauthorised parallel imports from/to the United Kingdom.
IP infringement may also arise in the presentation and sale of counterfeit products, "knock-off" products, and/or imitation products which breach unfair competition rules.
Prohibited Behaviours
TikTok Shop takes strict action against Sellers infringing IPR. We prohibit the following behaviours on TikTok Shop:
The listing, advertising, marketing and/or sale of IPR infringing products;
The unauthorised use of IP protected marketing materials and/or product images of third parties;
The unauthorised use of IP protected products of third parties for marketing materials or product imaging;
Brand circumvention behaviours (including, but not limited to stickers, smears, papers, text, or mosaic or tape etc.) that obscure or hide (brand) marks to prevent the identification of IP infringement; and
Behaviours and/or written or verbal messages (including text, image, sound, and video) that imply the sale of third-party IPR infringing products.
Listing Trademark Protected Products
Sellers who intend to list products with trademarks, names or logos that they do not have the rights to, should obtain prior authorisation from the relevant IPR holder. Once obtained, Sellers should upload documentation confirming this authorisation onto the Seller Center.
Notwithstanding the above, TikTok Shop may require Sellers to submit brand authorisation documentation and/or invoicing history before Sellers can list certain products.
Sellers whose product listings are rejected due to "missing brand authorisation and/or invoicing history" will be required to upload acceptable brand authorisation and/or invoicing history documentation before they can list these products.
Please refer to the article "Providing Brand Authorisation" for further guidance.
Identification and Investigation of IP Infringement
Identification of Suspected Infringement
TikTok Shop has mechanisms and processes to prevent the infringement of IPR and to react to notifications of (potential) IP infringement. When TikTok Shop identifies a potential IP infringement, we may require a Seller to provide us with documentation, such as brand authorisation, invoicing history, or proof of product authenticity with respect to their product listings.
TikTok Shop expressly reserves the right and has sole discretion to take all appropriate measures when IP infringement is suspected, including taking immediate action to de-list the relevant product listing and notify the Seller. Unless required to do so in accordance with applicable laws or regulations, TikTok Shop may not provide prior notice to the Seller before removing or de-listing such products (please see the TikTok Shop UK Seller Performance Evaluation Policy for more information).
Investigation
TikTok reserves the right to seek support from IPR holders or instruct third-party agencies to conduct investigations. A product will be considered to infringe IPR in the following non-exhaustive situations:
We receive a formal notification and sufficient supporting documents from a regulator, authority, IPR holder, manufacturer, agency of the IPR holder, or any other party that TikTok in its sole discretion considers appropriate, evidencing that the product is infringing IPR;
A final court judgment between the IP rights holder and the Seller concludes that the product is unlawful, for example, because it infringes IPR and/or constitutes unfair competition;
The Seller receives a notification from TikTok regarding the suspected infringing product,but fails to file an appeal within the timelines as prescribed by TikTok (please see the TikTok Shop UK Seller Performance Evaluation Policyfor details);
The Seller admits that the product is infringing IPR; or
A certified third-party quality inspection agency or authenticity identification agency tested and/or identified the goods to be unqualified or non-genuine and/or of a lower level of quality compared to the branded, authentic goods.
For more information about how TikTok processes your information, such as for the purposes of registration, please see theTikTok Partner Privacy Policy.
