When selling or promoting products on TikTok, especially in a cross-border context, several legal and intellectual property (IP) considerations should be taken into account:
Trademark Protection:
- Ensure your brand name, logo, and any product-specific names or terms are trademarked not only in your home country but also in China if that’s your target market. Remember, China operates on a “first-to-file” system for trademarks, so even if you’re using a trademark in practice, someone else might legally own the rights if they filed for it first.
Copyright Concerns:
- Any original content you produce, such as videos, music, and other creative works, are automatically copyrighted. However, ensure you’re not infringing on others’ copyrighted material. If using music or clips from copyrighted sources, make sure to obtain the necessary licenses or permissions.
Patent Rights:
- If your product has unique, innovative features, consider obtaining patent protection. This will prevent competitors or counterfeiters from replicating and selling your product’s unique design or functionality.
User-Generated Content (UGC):
- While UGC can be a great way to promote your product, be careful about republishing content without the original creator’s permission, as this could lead to copyright infringement.
Endorsements and Partnerships:
- If you’re partnering with influencers or other third parties for promotions, ensure contracts clearly delineate who owns the content produced, how it can be used, and the duration of any exclusivity clauses.
Local Regulatory Compliance:
- Different countries have different regulations for advertising, sales, and e-commerce. If targeting the Chinese market, familiarize yourself with Chinese advertising laws, e-commerce regulations, and any sector-specific regulations.
Data Protection and Privacy:
- Collecting user data through TikTok or any associated e-commerce platforms must be compliant with local data protection laws. For China, you’d need to be compliant with the Personal Information Protection Law (PIPL).
Disclosure:
- If you’re paying for promotions or partnering with influencers, certain jurisdictions require that these relationships be disclosed to audiences, e.g., using tags like #ad or #sponsored.
Product Claims:
- Any claims about your product, especially related to performance, health, or environmental impact, should be accurate and verifiable to avoid false advertising or consumer fraud charges.
Counterfeit Goods:
- Monitor TikTok and associated e-commerce platforms for counterfeit versions of your products. Take swift action if counterfeits are identified, which might involve working with platform administrators or taking legal action.
Dispute Resolution:
- Ensure you have clear terms and conditions related to disputes. Consider if you’ll use arbitration, traditional litigation, or other methods, and specify the jurisdiction in which disputes will be settled.
Given the complexities of IP and legal considerations, especially in foreign markets, it’s beneficial to work with legal experts in the targeted market who are familiar with the local e-commerce and social media landscape.
PLTFRM is an international brand consulting agency that works with companies such as Red, Tiktok, Tmall, Baidu, and other well-known Chinese internet e-commerce platforms. We have been working with Chile Cherries for many years, reaching Chinese consumers in depth through different platforms and realizing that Chile Cherries exports in China account for 97% of the total exports in Asia. Contact us and we will help you find the best China e-commerce platform for you. Search pltfrm for a free consultation!
