Intellectual property policy
1. Temu’s Role
2. Main types of Intellectual Property Protected
(1) Copyright: Artistic, literary, or intellectually created works, such as novels, music, movies, software code, photographs, and paintings that are original and exist in a tangible medium, such as paper, canvas, film, or digital format. Protection is conferred at the moment of creation of the work and registration is not required in the U.K., or in the E.U.
(2) Trademark: A registered word, phrase, design, or a combination that acts as a source identifier and distinguishes goods or services from others. Counterfeiting is a type of trademark infringement that incorporates the use of a spurious mark. Under the theory of “passing off,” the U.K. and the E.U. recognize unregistered trademark rights, but the protection conferred is very limited and is typically confined to a private right of action.
(3) Patents: An invention that is new, unique, non-obvious, and usable in some type of industry.
(4) Registered Designs: protects the appearance of whole or part of a product provided the product is new and unique. Design registrations can protect lines, contour, shape, texture, or ornamentation. Protection for unregistered designs is limited to the shape and configuration of objects and may be enforced via a private right of action.
(5) Right of Publicity: The right of publicity prevents the unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona.
Temu may not remove product listings that constitute fair use (e.g., show compatibility with other products), or that are customized, genuine products (e.g., customized “I <3 You, Dad” Titleist golf balls).
3. Parallel Imports
Products sold in Temu’s U.K. and E.U. stores must be imported by the third-party content provider themselves, or with the rights holder’s consent (including consent to sell the products in the U.K., or in the E.U.). Products may be sourced from a supplier who has been authorized by the rights holder to import or to sell in the U.K., or in the E.U. (whichever is applicable). If a rights holder challenges the offering for sale of a parallel import, the third-party content provider must have documentation to prove that the products were imported or sold with the rights holder’s consent. For example, if a third-party content provider offers a book for sale on Temu in the U.K., the book must be purchased from a U.K. or an EEA publisher or distributor. The same is true for the E.U.
4. Report Infringement(1) If you are the owner of intellectual property rights, or if you are authorized to act on behalf of a rights holder, you may report alleged infringements through our ("IP Portal").
- a) Contact information for the rights holder(s);
- b) Evidence of infringement (e.g., specific product listing URL(s)); and
- c) If reporting trademark, patent, or registered design infringement, please provide valid registration certificates; or
- d) If reporting copyright infringement or a right of publicity violation, please provide proof of the asserted rights, such as a copy of or link to the original work, or a picture of the rights holder’s image or likeness.
- a) Remove or disable access to the infringing material; and
- b) Notify the third-party content provider who is accused of infringement that Temu has removed or disabled access to the applicable material.
5. Counter-Notice from Third-Party Content Provider
- a) A clear statement explaining why the third-party content provider believes a mistake, misidentification, or an error was made; and
- b) Invoices, licenses, distribution agreements, and/or point-of-sale receipts that evidence authenticity or authorization (not an email) to sell the allegedly infringing product(s).
6. Information of the Designated Agent to Receive Notifications
- Attention: Intellectual Property Officer, Whaleco Inc.
- Office address: Suite 355, 31 St. James Avenue, Boston, Massachusetts 02116, U.S.A.
- Phone: +1 (302) 289-8243
- Portal to receive Intellectual Property Infringement report: