Reporting Procedure for Infringement of Product Content in Tokopedia
Tokopedia is a market or online mall (Customer to Customer Marketplace) in which sale-purchase transactions are carried out among the Users of Tokopedia’s site/application. Any product sold through Tokopedia’s site/application, is uploaded, offered and traded independently by each User (user generated content) who is able to act as a Seller or Buyer.
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 through the online form:
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: (i) uses Your trademark name and/or etiquette without authorize; and (ii) is suspected to be a counterfeit or imitation of a product which uses Your trademark.
For this type of reporting, You are required to enclose the Trademark Certificate registered and valid in the territory of the Republic of Indonesia
For further information about Trademark Infringement, you can access here
II. Copyright Infringement
You may file a Copyright Infringement report if You find the existence of any product offering content that uses Your works without authorize, including: (i) the use of Your photos; (ii) the unauthorized sale of any book of Your creation; (iii) the unauthorized sale of any software of Your creation; (iv) and other type of copyright infringement in accordance with the applicable regulations.
For this type of reporting, You are required to enclose evidences that the reported product offering content infringes Your Copyright, namely: (i) Copyright Recordation Certificate issued by the Directorate General of Intellectual Property; (ii) evidence of ownership of works (statement letter, power of attorney, evidence of assignment, etc.); (iii) an agreement with a book publisher; and (iv) other supporting evidences
For further information about Copyright Infringement, you can access here
III. 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 without BPOM Permit. For this type of reporting and to verify the report, You are required to enclose the evidence of a valid BPOM Distribution Permit (Izin Edar)
and/or Cosmetic Notification
issued by BPOM.
IV. 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 reporting, You are required to enclose the evidence of a valid Direct Selling Business License (Surat Izin Usaha Penjualan Langsung or “SIUPL”) under Your name, including the attachments thereof showing the list of goods sold by You, in which the name of goods that You reported is listed in such list
V. Violation of Medical Device Distributor Permit
You may file a report of Violation of Medical Device Distributor Permit if You are aware and find any product offering content without Medical Device Distributor Permit. For this type of reporting and to verify the report, You are required to enclose the evidence of a valid Medical Device Distributor Permit
issued by the Indonesian Ministry of Health.
THINGS TO NOTE IN FILLING OUT THE REPORT FORM:
- Each report must enclose the identity of the Reporting Party/party filing the report, namely: National Identity Card (Kartu Tanda Penduduk or KTP), Passport or other proof of identity;
- If the Reporting Party is the party assigned and/or authorized, the Reporting Party must enclose the letter of assignment, power of attorney or other statement letter that essentially explains that the reporting party is authorized to file a report, which is signed by the owner or principal of a reported product;
- All fields available on the report form must be filled in;
- The “Product Name” field may only be filled in with 1 (one) trademark/brand name pursuant to the type of report and evidences possessed. For example: the trademark name which corresponds to the name stated in the trademark certificate, the product name which corresponds to the name stated in the SIUPL, etc.;
- The “Product Link” field must be filled in with a link that specifically directs to the reported product offering content page. We will reject Your report if: (i) the link reported is not a specific link, but a link to stores; (ii) the link reported is another link, such as a link that directs to a site other than Tokopedia’s site, and more. For the convenience of the reporting, You may copy the link available in the “address bar” field on Your browser for each product offering content;
- To avoid any technical issue, we recommend You to access the online report form using the latest Google Chrome or Mozilla Firefox browser.
CONSENT AND RELEASE: The filing of report for the removal of a product offering content is a serious action, which may involve legal proceedings thereafter. By filing a report through our online form, You grant consent to Tokopedia to keep Your report and to provide Your information in the form of Name, Company, Title, Email Address and Telephone Number to the party being reported by You.
You hereby represent to release Tokopedia, its employees including all its affiliates and to be fully liable for any legal consequence that may arise thereafter as a result of this action including but not limited to lawsuits from third parties arising out of Your fault or negligence in filing the report.
By filing a report, You have understood and agreed to the matters specified above. If, after understanding and agreeing to the above matters, You remain incline to file a report, You may file a report pursuant to the procedure and form provided HERE
If You wish to file a report against a product offering content not included in the 4 (four) types of report above, You may search and file a report via the
button provided on the page of every product offering content through Tokopedia’s site.