IPOPHL, TikTok Shop share practical tips to protect IP and brand identity
October 8, 2024
The Intellectual Property Office of the Philippines (IPOPHL) and TikTok Shop recently held a workshop to equip nearly 40 sellers, rights holders and representatives with practical strategies for protecting their brands on the TikTok Shop platform.
At the seminar held in September in hybrid format, Emmelina C. Masanque, Assistant Division Chief at the IP Marketing and Communications Division of IPOPHL’s Documentation, Information and Technology Transfer Bureau, emphasized the importance of filing a registration at IPOPHL for the protection of trademarks and copyright, the two most common types of intellectual property (IP) used for building and protecting brand identity.
For trademarks, she stressed the need to file for registration in the early stage of the business, noting that in general, the first-to-file rule gives priority to the owner of the mark who first applies for trademark protection over those who file after. Meanwhile, for copyright, Masanque said registration provides owners a convenient way to secure additional proof of ownership, adding that various platforms, including TikTok Shop, have started recognizing copyright registration certificates as one of the pieces of evidence that could lead to the takedown of infringing content.
Meanwhile, in his presentation, IPOPHL’s IP Rights Enforcement Office (IEO) Senior Technical Consultant Rolando L. Somontina II elaborated on the avenues for IP rights enforcement, particularly the lodging of a report or a complaint at the IEO. Somontina also laid out several enforcement efforts undertaken by the IEO and the 15-member National Committee on IP Rights, enjoining others to support their campaigns to combat counterfeiting and piracy across the country.
TikTok Shop’s IPR representatives also detailed TikTok Shop’s process in reviewing and responding to complaints lodged at its IP Protection Centre (IPPC). The IPPC is an integrated platform that centralizes all activities related to protecting and enforcing IP rights and activates automated product searches across relevant jurisdictions for swift monitoring.
IP rights holders are invited to enroll their IP assets into the IPPC by submitting proof of ownership. Enrolment will allow them to easily detect products, submit takedown complaints and track the progress of complaints. TikTok Shop is able to perform takedown requests against posts that carry infringing trademarks, copyright, patents, utility models and industrial designs.
TikTok Shop also reminds its sellers to implement best practices to keep their accounts and posts from being taken down over infringement complaints:
- Purchase only from official and legitimate suppliers;
- Keep invoices as proof of purchase;
- Secure a legally binding document where the rights holder expressly authorizes the sale of their products on your TikTok Shop;
- Describe the product as it is; and
- Take your own photos for product listing to avoid copyright infringement complaints.
“TikTok Shop is delighted to continue supporting the IPOPHL in the battle against counterfeits,” said Peachy Paderna, Public Policy Manager for TikTok. “As we continue to grow, we recognize our responsibility to educate entrepreneurs on their intellectual property rights, and empower our online sellers with the tools and resources available to them on the platform,” she added.
The seminar is the newest initiative of TikTok Shop as a signatory of the E-Commerce Memorandum of Understanding, through which it commits to making IP enforcement actions more efficient and seamless on its platform. The first learning session was held jointly with IPOPHL in March this year for brand owners and representatives to learn how to optimize IP protection tools and platforms integrated into TikTok Shop.