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 repackaging and reselling of a product, legal advice

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TSah_suknat
post Jul 5 2012, 01:40 AM, updated 14y ago

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Can I Import product A in large quantity from a distributor in Singapore, repackaging them under my own brand and resell them in smaller package? there is already a sole distributor of the product in Malaysia, but they are selling more expensive then their singapore counterpart.

Is it illegal to repackaging the product and resell them under my brand without the manufacturer's consent?
Is it ellegal to by pass local distributor to buy from a foreign distributor?
+welve
post Jul 5 2012, 02:07 AM

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If the product A is patented in that particular country, no matter what the brand is, you will still infringe the patent belonging to that particular brand.

For example, the famous Samsung vs Apple case. If you take this as an example, if Samsung makes the same product as Apple but put in different brand name, it will still infringe the patent and thus, illegal as in your terms.

As for the bypassing thingy, it will then known as parallel imports, depending on what item, the local distributor might enforce strict rules to prevent such thing to happen. I reckon it's riskier if you take in large quantity as you have to pass the custom rules as well.

Just my 2 cents. No pro here.
TSah_suknat
post Jul 5 2012, 03:00 AM

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QUOTE(+welve @ Jul 4 2012, 06:07 PM)
If the product A is patented in that particular country, no matter what the brand is, you will still infringe the patent belonging to that particular brand.

For example, the famous Samsung vs Apple case. If you take this as an example, if Samsung makes the same product as Apple but put in different brand name, it will still infringe the patent and thus, illegal as in your terms.

As for the bypassing thingy, it will then known as parallel imports, depending on what item, the local distributor might enforce strict rules to prevent such thing to happen. I reckon it's riskier if you take in large quantity as you have to pass the custom rules as well.

Just my 2 cents. No pro here.
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so it have to be patented in Malaysia per se? I have seen the local distributor repackaging the original product to his own brand, so meaning its not been patented here? means can do repackaging?
Awakened_Angel
post Jul 5 2012, 08:36 AM

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QUOTE(ah_suknat @ Jul 5 2012, 02:40 AM)
Can I Import product A in large quantity from a distributor in Singapore, repackaging them under my own brand and resell them in smaller package? there is already a sole distributor of the product in Malaysia, but they are selling more expensive then their singapore counterpart.

Is it illegal to repackaging the product and resell them under my brand without the manufacturer's consent?
Is it ellegal to by pass local distributor to buy from a foreign distributor?
*
No you cant... that action you done there is illegal.... it is like I buy Nescafe and put it in a cup and serve it as Kopi Jantan... that is illegal...

however, you can put it in smaller package, put the original brand, then put "distributed by who who who"


Added on July 5, 2012, 8:37 am
QUOTE(ah_suknat @ Jul 5 2012, 04:00 AM)
so it have to be patented in Malaysia per se? I have seen the local distributor repackaging the original product to his own brand, so meaning its not been patented here? means can do repackaging?
*
then I`d say lucky him/her for not being caught... the fine is hefty

This post has been edited by Awakened_Angel: Jul 5 2012, 08:37 AM
vern1023
post Jul 5 2012, 12:07 PM

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It depends what product is it. If its an identical product. How the hell could u find patent? For example, u buy 100 kg of red bean. u repacking into smaller pack and your own brand. does it infringe any pattern?
+welve
post Jul 5 2012, 02:40 PM

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QUOTE(vern1023 @ Jul 5 2012, 12:07 PM)
It depends what product is it. If its an identical product. How the hell could u find patent? For example, u buy 100 kg of red bean. u repacking into smaller pack and your own brand. does it infringe any pattern?
*
We are talking about manufactured goods. I think it's improper to give an example of red bean which is a natural ingredient which cannot be patented.

Awakened_Angel has a point there.


Awakened_Angel
post Jul 5 2012, 03:07 PM

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QUOTE(vern1023 @ Jul 5 2012, 01:07 PM)
It depends what product is it. If its an identical product. How the hell could u find patent? For example, u buy 100 kg of red bean. u repacking into smaller pack and your own brand. does it infringe any pattern?
*
no.. for commodity products, you cant claim that thing as yours until you have a copy rights of it. till that time, you can only claim it is distributed by you... not manufactured or own the Intellectual Property of it....

e.g. red bean is nice.... yes, you can distributed the red bean, but cannot claim the nice taste/smell of read bean is yours

get it?

 

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