Tokopedia is a web portal company which provides online marketplace platform (Customer to Customer Marketplace), where the Users of Tokopedia’s site/application are independent third parties, which could act as Seller or Buyer. Sellers offer their products, which are in their possession, by uploading their content independently (User Generated Content).
In the event you find any product offering content on Tokopedia’s site/application that may infringe your rights, including but not limited to Intellectual Property Rights, you may file a report to us through the available online form. We will carefully review the report and if your report has been verified, we may follow up with the taking down of the reported product offering content.
The following are the types of product offering content infringement that you may report:
I. Trademark Infringement
You may file a Trademark Infringement report if you find the existence of any product offering content (whether the product in its entirety or the product name) of a Seller through Tokopedia’s site/application that infringes your trademark.
If you want to report a product that uses your trademark in the title, description, or product images, but the product sold is not relevant to your trademark, you can select the following category of violation:
- Wrong trademark association on the product name
- Wrong trademark association on the product description
- Wrong trademark association on the product image
If you want to report a product that is suspected to be counterfeit or uses your brand logo without permission in the product images, you can select the following category of violation:
- Product is suspected of being counterfeit or imitation
- Unauthorized use of registered trademark on the product image
For this type of report, you are required to enclose:
- Proof of Trademark ownership in the form of a Trademark Certificate registered and issued by the Indonesian Ministry of Law and Human Rights, or other similar documents;
- Power of Attorney or Letter of Authorization signed by the trademark holder; and
- Statement letter of your employment.
- Supporting evidence that substantiates your claim that the reported product infringes on your trademark. This evidence may include, but is not limited to, a detailed comparison between the infringing/counterfeit product and the genuine/non-infringing product, highlighting the differences (you can attach this document on the report submission stage).
To report a Trademark Infringement, you can log in to the IP Protection Portal.
II. Copyright Infringement
You may file a Copyright Infringement report if you find the existence of any product offering content that is suspected to use your works without authorization and/or infringe your copyright.
If you want to report a product that uses images, photos, logos, or any of your creations without permission in the product images or description, you can select the following category of violation:
- Copyright infringement on product image(s)
- Copyright infringement on product description
If you want to report a pirated product (such as a pirated book/DVD) and the unauthorized use of creations/copyrighted works on the physical product being sold (such as selling a t-shirt with a printed image of someone else's work), you can select the following category of violation:
- Unlawful Duplication/Reproduction of Copyrighted Works
If you want to report a copyright violation involving suspected piracy/modification of software (crack), which allows users to use the software fully without activating an official license/paying a high price, you can select the following category of violation:
- Copyright Unlawful Access
For this type of report, you are required to enclose:
- Proof of copyright ownership in the form of a Copyright Recordation Certificate issued by the Indonesian Ministry of Law and Human Rights, statement letter of copyright ownership signed by the copyright holder, or other similar documents;
- Power of Attorney or Letter of Authorization signed by the copyright holder; and
- Statement letter of your employment.
- Supporting evidence that substantiates your claim that the reported product infringes on copyright, including but not limited to a detailed comparison between the infringing/pirated product and the genuine/non-infringing product, highlighting the differences (you can attach this document on the report submission stage).
To report a Copyright Infringement, you can log in to the IP Protection Portal.
III. Industrial Design Infringement
You can file an Industrial Design Infringement report if you are aware of and find any product listing content that infringes on your Industrial Design rights.
For this type of report, you are required to enclose:
- A registered and valid industrial design certificate in Indonesia;
- Proof of your identity (can be in the form of an ID card, driver's license, passport, etc.);
- Power of attorney from the rights holder according to the certificate you attach (if authorized);
- A court order or law enforcement directive against the product that infringes on industrial design (optional); and
- Supporting evidence that substantiates your claim that the reported product infringes on your industrial design, including but not limited to comparisons between the similarity/resemblance of your design and the design of the product suspected of infringing on your industrial design rights, highlighting the differences (you can attach this document on the report submission stage).
To report an Industrial Design Infringement, you can log in to the IP Protection Portal.
IV. Patent Infringement
You can file a Patent Infringement report if you are aware of and find any product listing content that infringes on your Patent rights.
For this type of report, you are required to enclose:
- A registered and valid patent certificate in Indonesia;
- Proof of your identity (such as an ID card, driver's license, passport, etc.);
- Power of attorney from the rights holder according to the certificate you attach (if authorized); and
- A court order or law enforcement directive against the product that infringes on the patent (you can attach this document on the report submission stage).
To report an Industrial Design Infringement, you can log in to the IP Protection Portal.
V. Violation of Food and Drugs Supervisory Agency (Badan Pengawas Obat dan Makanan or “BPOM”) Permit
You may file a report of Violation of BPOM Permit if you are aware and find any product offering content which violates the BPOM Permit, to which you can choose one of the following infringement categories:
- The product does not have a National Agency of Drug and Food Control permit; or
- The sale of products is prohibited/limited.
For this type of report, you can create a report using the report feature according to the following guide, by selecting the category "Produk Ilegal dan Berbahaya" and the subcategory "Obat, vitamin, dan kosmetik berbahaya atau tidak berizin BPOM".
VI. Violation of Direct Selling Business License
You may file a report of Violation of Direct Selling Business License if you find any product offering content whereby the offering and sales of such product are supposed to be sold directly by you as the holder of the direct selling license pursuant to the applicable laws and regulations.
For this type of report, you can create a report using the report feature according to the following guide, by selecting the category "Produk Ilegal dan Berbahaya" and the subcategory "Produk MLM".
VII. Violation of Medical Device Distributor Permit
Anda dapat mengajukan laporan Pelanggaran Izin Edar Alat Kesehatan apabila Anda mengetahui dan/atau menemukan adanya konten penawaran produk yang melakukan pelanggaran Izin Edar Alat Kesehatan, dimana produk dilarang diedarkan secara bebas.
Untuk jenis pelaporan ini, Anda dapat melaporkan menggunakan fitur laporkan sesuai dengan panduan berikut ini, dengan memilih kategori "Produk Ilegal dan Berbahaya" dan sub-kategori "Alat kesehatan".
Types of Violations Not Accepted by Tokopedia
Please note that there are several types of reports that we cannot enforce through this online form because the following reports are not considered as violating Intellectual Property or Tokopedia’s Terms and Conditions, including:
- Complementary/Compatible Product
You should not report Trademark / Copyright Infringement over any product that uses your trademark for the purpose to indicate the function of the product as complementary or compatible with the product with your trademark (e.g.: Hard Case Toped Compatible with Tokopedia Smartphone IX). - Pricing Issues
You should not report Trademark / Copyright Infringement due to a selling price that does not match the market price or the lowest retail price provisions based on an agreement between the manufacturer and the distributor/retailer (e.g.: an original product that is being sold below the minimum retail price that you have set). - Distribution Issues
You should not report any Trademark/Copyright Infringement of a product on the grounds that you are the sole distributor or who has exclusive control over the sale of a product in a region (e.g.: original product sold by other parties besides you as the sole distributor, original products obtained from abroad and sold without your permission as the exclusive distribution rights holder).
Reports made based on the above will be considered abusive and Tokopedia reserves the right to revoke the report and/or reinstate the affected product listing.
Also read: Guideline for Product Title Creation for Complimentary / Compatibility Products on Mengenal Kekayaan Intelektual dan Konsekuensinya
