What is Intellectual Property (IP)?
Let's watch this video to better understand the context of Intellectual Property!
Intellectual Property refers to the creation of someone's mind, including but not limited to inventions, artistic works, designs, symbols, images, names, and many more.
Furthermore, Intellectual Property protects products that have already been registered and recognized as IP in accordance with applicable legal provisions from being misused by somebody without the right to use it. Other parties cannot use someone's intellectual property unless they have permission from the IP owner.
There are 7 types of intellectual property, but the ones that all brand owners and Tokopedia sellers must consider are the following:
Protection of words, symbols, logos, designs, or combinations of these elements that have been registered in Indonesia
Protection of original works
Tokopedia will take firm actions and impose sanctions on products that have been reported to have committed IP violations, by deleting the product or suspending the shop.
Types of IP Infringement
Infringement of the use of name, description and image of products based on the owner's trademark report. Trademark infringement can also be in the form of counterfeiting or imitation of the trademark owner's product.
Suspected Counterfeit / Imitation Product
Sales of products suspected of imitating or faking other brands. For example, selling luxury brand with low prices.
Preventing IP Violations
As a seller, you must prevent your shop and your products from violating IP and being reported by the IP holder.
Sell authentic products
Tokopedia recommends sellers to always sell original products. Make sure you know the source of the purchase by your authorized supplier, and hold the proof of the product's authenticity. This will be useful if someday other parties report your product or shop for committing an IP violation.
Get permission or appointment from IP holder
Tokopedia recommends you have permission/license or appointment from the IP holder if you want to sell the product or use the content of other brands.
Only use a brand name that matches your product type
Tokopedia recommends not to mention/impersonate another brand that is not related to your products on your product title or description unless you want to describe your product compatibility with another brand.
Use your own works, images, logos, or assets on your product
Tokopedia recommends all sellers not to use any images, logos, or assets on your product detail from other resources without prior authorization.
Do not re-upload the same or similar products with products that have been reported.
Tokopedia recommends not to re-upload the same or similar products with products that have been reported due to IP infringement unless your product is not violating IP and you have clarified the issues or had the reporter's permission to sell the products.
Register your works to obtain IP Rights
Tokopedia recommends you register your Intellectual Property (trademark and/or copyright) with a country-specific Intellectual Property office. In Indonesia, you can register your Intellectual Property to the Directorate General of Intellectual Property Rights (DJKI).
When can you use another party’s trademark on your product?
When selling authentic products
When you sell an authentic product of other brands, you may use their brand name to describe the product and it does not necessarily mean you infringe on the owner's trademark. However, you are strictly prohibited to use/impersonate other brand name that is irrelevant to your product. You are also prohibited to use other brand name although the word is generally used in your society to describe certain product types.
Example of product name/description:
Tokopedia is an example of a brand.
- Hard case Tokopedia like toped
- Tpd Hard Case (impersonate Toped)
- Pampres Tokopedia XXL
- Toped and Tokopedia are examples of different brands.
- Pampres is an example of a brand. "Pampres" is generally known as diapers in Indonesia, but the use of "Pampres" to describe diapers is prohibited due to infringing the trademark of Pampres.
When intending to describe a product that is compatible with another brand's product
When you sell an authentic product and your product has a compatible function with another brand's product, you may describe it in your product title and description by adding certain conjunction. Please kindly note that to describe any compatibilities, you are only allowed to inform the compatibility through product title or description. You are not allowed to inform it by putting the brand's logo/icon on any product images.
You can follow below format:
- Toped Hard Case waterproof, fits Tokopedia phone S25
- Toped black shoelace, intended for Tokopedia Shoes
- Keyboard for Tokopedia Laptop
- Tempered Glass compatible with Tokopedia phone S25
Toped and Tokopedia are examples of different brands.
- Toped Hard Case Tokopedia phone S25
- Tempered Glass Tokopedia phone S25
- Generic keyboard Tokopedia laptop
Toped and Tokopedia are examples of different brands.
What happens if a product is found to violate IP?
Product will be taken down
The product will be taken down from the shop page and the seller will be notified.
Similar products could potentially not be sold by the shop
Shop may not be able to sell the similar products to the previously reported one and the seller will be notified.
Shop will be suspended
The shop will potentially be suspended if there have been repeated violation reports by brand owners. The seller will also be notified.
What can you do to appeal your reported products?
If you find that a product of yours which has been reported by an IP holder is not violating the IP holder's rights, you are highly encouraged to appeal to the reporter/IP holder by following the below instructions. Otherwise, your product can potentially be reported again in the future by the same reporter, which will disserve you.
Check your Email / Notification Center
Information contained in email / notification center:
- Type of violation.
- Product link has been taken down.
- Reporter contact information.
Appeal The Report
Make sure you have at least one of these lists:
- Permission/license or appointment from the IP holder.
- Your own trademark/copyright certificate.
- Purchase receipt.
- Other evidence confirming your right.
- Your admission of fault regarding the content misuse of your product and statement of your willingness to fix your product content.
Contact The Reporter
Contact the reporter by phone/email that you got the information from received email/notification center. We recommend you to use English if the reporter is from abroad.
A. Appeal Accepted
If the reporter approves to the appeal, the reporter will contact Tokopedia to reactivate the product.
B. No Response from Reporter
Make sure you have tried to contact the reporter at least 3 times and have waited 14 working days after the product is taken down. If the reporter did not respond, you can contact Tokopedia Care and attach proof (screenshot) of your email to the reporter.
C. Appeal Rejected
If the reporter rejects the appeal, the product can not be reactivated.
Make sure your current products are not violating IP
Make sure that you do not have any infringing products on your shop page/showcase and do not re-upload the reported product or any similar ones.