10/12/2024
In our recent blog, we discussed TikTok’s efforts to implement mechanisms to authenticate pre-owned luxury goods that are sold and advertised on the TikTok Shop marketplace. In recent months, TikTok has upped their game in protecting consumers and brand owners in respect of intellectual property (IP), which is discussed in the recent publication of their first IP report.
TikTok Shop was launched in the UK in late 2021. Since then, the platform has experienced high levels of consumer traffic, and by April 2024 there were over 15 million sellers on TikTok Shop globally. In an attempt to combat allegations that TikTok was emerging as a platform enabling the promotion of fakes, dupes, and counterfeit goods, TikTok assert that they are taking a proactive approach to prevent IP infringement by reviewing their listings with a closer eye.
What TikTok are doing
By actively reviewing product listings and content posted by users, TikTok claim to have refused over 5.2 million listings from going live between 2023-2024. TikTok appear to be taking a strict approach here; they claim that their review process has led to the removal of 34 times as many products and content than were reported by IP right holders themselves.
TikTok also claim to have identified products and brands that they consider to have a high counterfeit risk, and therefore require third-party sellers of these brands to provide a letter of authorisation or valid proof of purchase before the advertisement of these goods will be permitted.
As well as this, TikTok are also trying to limit the purchase of counterfeit products from a user perspective. TikTok have prevented the use of hashtags such as #fakelouisvuitton and #replicabag in videos and in the search function, so it is more difficult for users to find these counterfeits on TikTok. This holistic approach by TikTok in preventing IP infringement is a very positive step for IP rights holders and brand owners.
What IP right owners can do on TikTok Shop
In 2022, TikTok launched their IP Protection Centre (IPPC) where owners of IP rights can submit and monitor the progress of complaints filed against TikTok Shop products, e-commerce videos, and TikTok Live feeds that they believe are infringing their rights. The IPPC currently includes 672 active brand owner accounts globally.
IP rights holders can submit complaints via the IPPC for any infringement they have discovered themselves on TikTok. They can also search via keyword or image to identify other potential infringements. The ability to search for their brand or product via the IPPC allows IP rights holders to uncover counterfeits or infringement that they may otherwise would not have come across.
The IPPC is a step in the right direction for rights holders and brand owners, as it allows them to assert their IP rights directly on the TikTok platform. Similarly, it is also beneficial for consumers who are seeking to purchase products on TikTok Shop, as it provides them with a level of trust in the products they are purchasing. The suggestion that the IPPC gives brand owners an easy and impactful way to monitor and enforce their IP rights on TikTok should, in theory, give consumers faith that the products they are purchasing are genuine.
In order for brand owners to enforce their rights by filing complaints against potentially infringing content through an account with the IPPC, brand owners must submit proof of their IP right registration. This requirement highlights the importance of seeking registered protection for IP rights. Without such registration, TikTok will not review claims for potential infringement, no matter how genuine the claims are. Once a brand owner has provided proof of their IP rights, they are able to allow others, including their professional representative, to access their IPPC account in order to monitor their complaints and file take-down notices themselves. After review by TikTok, and any appeal by the alleged infringer, if the take-down notice is successful, TikTok will take action against the infringer. This may include removing the infringing content, restricting the infringing product from being uploaded, and/ or terminating the seller/user’s TikTok Shop account.
Overall
The introduction of TikTok’s IPPC is very positive, and we are looking forward to sight of further reports regarding the success rate of this protection centre. We hope that this fuels the movement seeking to reduce the entrance of counterfeit goods to this marketplace.
If you have any questions regarding protecting your intellectual property rights, and enforcing these on platforms including TikTok, please do get in contact.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
