In the era of booming e-commerce and social media, platforms such as Shopee, TikTok, and Facebook have become key business channels. However, they are also hotspots for intellectual property (IP) infringement.
INTELLECTUAL PROPERTY INFRINGEMENT ON ONLINE PLATFORMS (SHOPEE, TIKTOK, FACEBOOK): WHAT SHOULD BUSINESSES DO?
Online platforms are characterized by:
Massive user bases
Constantly generated content
Limited pre-publication control
This creates an ideal environment for violations such as:
Selling counterfeit or imitation goods
Unauthorized use of images, videos, and content
Copying trademarks and product packaging
Infringing livestream sales activities
In practice, these violations are becoming increasingly common and sophisticated, causing significant damage to legitimate businesses.
Are e-commerce platforms and social media providers liable?
General Principle:
Platforms like Shopee, TikTok, and Facebook are considered intermediary service providers, meaning they do not directly create user content.
Therefore:
They are not automatically liable for all user violations
But they are not entirely exempt from responsibility
Platform Obligations:
Provide reporting mechanisms for infringement
Receive and process complaints
Remove infringing content within a reasonable time
Failure to comply may result in secondary liability.
Vietnamese law has introduced important updates to address this issue:
Safe Harbor Mechanism
Under the amended IP Law:
Intermediary platforms may be exempt from liability if they:
Are unaware of the infringement
Have a complaint-handling mechanism
Promptly remove infringing content upon notice
Important Notes:
This exemption primarily applies to copyright and related rights
For trademark infringement and counterfeit goods, platforms may still bear liability
This is a critical point for businesses to consider when enforcing their rights.
Online IP infringement can result in:
Direct revenue loss
Brand reputation damage
Consumer confusion
Rapid and uncontrollable spread
In the digital environment, infringing content can go viral within hours.
To effectively protect their rights, businesses should:
Secure IP Protection
Register trademarks
Protect industrial designs
Secure copyrights
Monitor and Detect Violations
Track listings on e-commerce platforms
Monitor social media channels
Use Platform Reporting Tools
Submit takedown requests
Provide proof of ownership
Take Legal Action
Send cease-and-desist letters
Request administrative enforcement
Initiate litigation if necessary
In practice, handling IP infringement on Shopee, TikTok, or Facebook is not as simple as filing a report.
Accurately identify infringing acts
Choose the appropriate enforcement strategy
Properly apply legal provisions
Collect admissible evidence
This is where experienced legal counsel becomes essential.
ADVN Law Firm LLC provides:
Assessment of online IP infringement
Assistance in removing infringing listings on Shopee, TikTok, Facebook
Strategic legal advice for effective enforcement
Representation before competent authorities
Litigation and damage claims
IP infringement on online platforms is increasing rapidly and becoming more complex.
Businesses must not remain passive but should:
Actively protect their IP rights
Respond promptly to violations
Implement a clear legal strategy
Contact Information
Address: No. 2 Phung Khac Khoan, Sai Gon Ward, Ho Chi Minh City, Vietnam
Phone: 0903.693.301 – 0909.393.329
Email: advnlaw@gmail.com
Website: advnlaw.vn
Contact us today for effective legal support in protecting your intellectual property in the digital environment.
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