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 Sole distributor for brand, other trading import different packing

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peigeng
post Aug 12 2020, 02:53 PM

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QUOTE(mini orchard @ Aug 12 2020, 02:20 PM)
In your case, if manufacturer wants to appoint sole distributors in every country, they wouldnt need to appoint a wholesaler or they instruct wholesaler to deal with appointed distributors only. It defeats the purpose of the supply chain.

A real market scenario during my time...

The printers market is so competitive in msia and major brands face tough market to supply to major tender customers from parallel importers.
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No.manufacturer doesn't appoint anyone here in Malaysia.Our company is the only one to look for in Malaysia.however , Malaysia importer look for wholesaler in China and bring in this products.meaning to say, manufacturer didn't supply them directly.they bring in these consumables canned food without going through kesihatan and kpdnhep.and selling at much lower price.taobao is selling those products at very cheap price.our cost is roughly about the same as what you can buy at taobao.but those importers has no right to sell them at Malaysia market right?We have our band and trademarks registered in Malaysia,does this help to prevent them bringing in and give us more protection as a sole agent and distributor?
NightHeart
post Aug 12 2020, 02:55 PM

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QUOTE(peigeng @ Aug 12 2020, 02:03 PM)
Other than legal action.can we ask other authority to check and seized those product?It is a canned food products,I believe those seller didn't apply for jabatan kesihatan and kpdnhep approvals.just too bad our packaging are same ,same barcode, just without our label stickers.
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Basically you're suspecting that they're operating illegally i.e. no proper permit, license, procedures or approvals. Yes, you can report them if you have sufficient prove. If you even know that their foreign workers are working without permit/visa, can even report to Immigration Department. If you know that their premise didn't apply for business license, can also report to the local Majlis Perbandaran.
mini orchard
post Aug 12 2020, 03:09 PM

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QUOTE(peigeng @ Aug 12 2020, 02:53 PM)
No.manufacturer doesn't appoint anyone here in Malaysia.Our company is the only one to look for in Malaysia.however , Malaysia importer look for wholesaler in China and bring in this products.meaning to say, manufacturer didn't supply them directly.they bring in these consumables canned food without going through kesihatan and kpdnhep.and selling at much lower price.taobao is selling those products at very cheap price.our cost is roughly about the same as what you can buy at taobao.but those importers has no right to sell them at Malaysia market right?We have our band and trademarks registered in Malaysia,does this help to prevent them bringing in and give us more protection as a sole agent and distributor?
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The fault lies with the manufacturer for appointing a wholesaler in China. If the manufacturer have tight control of supply chain, your problem wouldnt have happened.

The wholesaler is like you ... sell to anyone.
MUM
post Aug 12 2020, 03:21 PM

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QUOTE(mini orchard @ Aug 12 2020, 03:09 PM)
The fault lies with the manufacturer for appointing a wholesaler in China. If the manufacturer have tight control of supply chain, your problem wouldnt have happened.

The wholesaler is like you ... sell to anyone.
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confused.gif confused.gif
it is the people buy from China and sell in Malaysia wor...
iOnine
post Aug 12 2020, 03:29 PM

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is there any way for you to detect the product is from which country ?
base on the code etc.

buy some of the products from different location - get receipt etc

then send in official email to principal on the matter. stating ur concern about the parallel import.. proof is the purchase and the code which redirect to which distributor etc.
insist of the principal to warn/inform the dealer to not sell outside the country etc.

then, you make police report and get a IP lawyer.
send in official letter to the shop owner. continuing to do so, will proceed with court order
shoudl they interested on the product, they can get from u direct.

this wat i did back then.
when handling this parallel import issue.

This post has been edited by iOnine: Aug 12 2020, 03:31 PM
MUM
post Aug 12 2020, 03:30 PM

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QUOTE(peigeng @ Aug 12 2020, 02:03 PM)
Other than legal action.can we ask other authority to check and seized those product?It is a canned food products,I believe those seller didn't apply for jabatan kesihatan and kpdnhep approvals.just too bad our packaging are same ,same barcode, just without our label stickers.
*
maybe can refer to this for some possibility to this route or avenue?
matrix for canned food import to malaysia....pdf file from
https://www.google.com/search?source=hp&ei=...Q4dUDCAc&uact=5

or if the profits is high and the impact of the parallel imported issues is big, can try do a awareness promotion in the media highlighting the parallel import issue and the "what are the concerns to the consumers" and telling how differentiate yours and parallel imported one.....??
example this product per image


Attached thumbnail(s)
Attached Image
mini orchard
post Aug 12 2020, 03:36 PM

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QUOTE(MUM @ Aug 12 2020, 03:21 PM)
:confused:  :confused:
it is the people buy from China and sell in Malaysia wor...
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It doesnt matter.

I can buy from outside China and sell in msia. Profit matters.

Just like the printers market, ... parallel importer buy from Indonesia and sell in msia.
MUM
post Aug 12 2020, 03:37 PM

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QUOTE(mini orchard @ Aug 12 2020, 03:36 PM)
It doesnt matter.

I can buy from outside China and sell in msia. Profit matters.

Just like the printers market, ... parallel importer buy from Indonesia and sell in msia.
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yes, then it is not "The fault lies with the manufacturer for appointing a wholesaler in China." then
mini orchard
post Aug 12 2020, 03:52 PM

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QUOTE(MUM @ Aug 12 2020, 03:37 PM)
yes, then it is not "The fault lies with the manufacturer for appointing a wholesaler in China." then
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If manufacturer control supply chain and fixed a price, no one can sell below ts price.
MUM
post Aug 12 2020, 03:57 PM

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QUOTE(mini orchard @ Aug 12 2020, 03:52 PM)
If manufacturer control supply chain and fixed a price, no one can sell below ts price.
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parallel importer will be able to sell the phones in Malaysia at a price higher than the exporting country but lower than the authorized distributor or licensee in Malaysia due to factors such as fluctuations in currencies, different market strategy, trade policy and distribution costs.
https://henrygoh.com/issues-revolving-aroun...rallel-imports/
peigeng
post Aug 12 2020, 04:02 PM

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QUOTE(MUM @ Aug 12 2020, 03:37 PM)
yes, then it is not "The fault lies with the manufacturer for appointing a wholesaler in China." then
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That is manufacturer business in China.we of course has no control who are they selling to.
peigeng
post Aug 12 2020, 04:09 PM

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[quote=iOnine,Aug 12 2020, 03:29 PM]
is there any way for you to detect the product is from which country ?
base on the code etc.

buy some of the products from different location - get receipt etc

then send in official email to principal on the matter. stating ur concern about the parallel import.. proof is the purchase and the code which redirect to which distributor etc.
insist of the principal to warn/inform the dealer to not sell outside the country etc.

then, you make police report and get a IP lawyer.
send in official letter to the shop owner. continuing to do so, will proceed with court order
shoudl they interested on the product, they can get from u direct.

this wat i did back then.
when handling this parallel import issue.
*


Yes.although our products packaging outlook are totally same, our product's production and expired are written in English, parallel importers stock are written in Chinese.thats the only difference. They even distribute to mini market and a lot of these local market start selling.this effect of business.so we need to find a way to stop them. From selling.will try what you suggest.btw,does report to kpdnhep help?

peigeng
post Aug 12 2020, 04:11 PM

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QUOTE(NightHeart @ Aug 12 2020, 02:55 PM)
Basically you're suspecting that they're operating illegally i.e. no proper permit, license, procedures or approvals. Yes, you can report them if you have sufficient prove. If you even know that their foreign workers are working without permit/visa, can even report to Immigration Department. If you know that their premise didn't apply for business license, can also report to the local Majlis Perbandaran.
*
They are legit company.just that they are not getting approval from government agency for bringing these item.
NightHeart
post Aug 12 2020, 04:25 PM

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QUOTE(peigeng @ Aug 12 2020, 04:11 PM)
They are legit company.just that they are not getting approval from government agency for bringing these item.
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I'm not saying the company is illegal. If they're not getting the proper approvals, that means part of their operations is illegal & that part can be reported. So, you can proceed with reporting them.
iOnine
post Aug 12 2020, 04:26 PM

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[quote=peigeng,Aug 12 2020, 04:09 PM]
[quote=iOnine,Aug 12 2020, 03:29 PM]
is there any way for you to detect the product is from which country ?
base on the code etc.

buy some of the products from different location - get receipt etc

then send in official email to principal on the matter. stating ur concern about the parallel import.. proof is the purchase and the code which redirect to which distributor etc.
insist of the principal to warn/inform the dealer to not sell outside the country etc.

then, you make police report and get a IP lawyer.
send in official letter to the shop owner. continuing to do so, will proceed with court order
shoudl they interested on the product, they can get from u direct.

this wat i did back then.
when handling this parallel import issue.
*


Yes.although our products packaging outlook are totally same, our product's production and expired are written in English, parallel importers stock are written in Chinese.thats the only difference. They even distribute to mini market and a lot of these local market start selling.this effect of business.so we need to find a way to stop them. From selling.will try what you suggest.btw,does report to kpdnhep help?
*

[/quote]

need to check with the IP Lawyer.

coz mine last time, the principal hired the IP lawyer and work with my side.
our issues was parallel import and fakes (petaling street)

btw, it'll be much more easier if you can determine the shops that sells parallel.
get pictures on display and the item. dont forget the frontal pic of the shop.


This post has been edited by iOnine: Aug 12 2020, 04:29 PM
peigeng
post Aug 12 2020, 04:29 PM

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QUOTE(iOnine @ Aug 12 2020, 04:26 PM)
need to check with the IP Lawyer.

coz mine last time, the principal hired the IP lawyer and work with my side.
our issues was parallel import and fakes (petaling street)
*
Hmm...OK thanks .My case now is parallel import, not faked product .Will consult a IP lawyer then.
peigeng
post Aug 12 2020, 04:29 PM

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QUOTE(NightHeart @ Aug 12 2020, 04:25 PM)
I'm not saying the company is illegal. If they're not getting the proper approvals, that means part of their operations is illegal & that part can be reported. So, you can proceed with reporting them.
*
Yes.thanks.
iOnine
post Aug 12 2020, 04:32 PM

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QUOTE(peigeng @ Aug 12 2020, 04:29 PM)
Hmm...OK thanks .My case now is parallel import, not faked product .Will consult a IP lawyer then.
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yes. meantime need to do from ur end.
snap product display pictures, close up item pictures and the frontal of shop.
keep update and as proof.

but.. what IF the chinese supplier do changes the font.
it will look exactly like your product?
how to differentiate?

i hope u got keep track record since 2016 lor. hahah

mini orchard
post Aug 12 2020, 04:34 PM

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QUOTE(MUM @ Aug 12 2020, 03:57 PM)
parallel importer will be able to sell the phones in Malaysia at a price higher than the exporting country but lower than the authorized distributor or licensee in Malaysia due to factors such as fluctuations in currencies, different market strategy, trade policy and distribution costs.
https://henrygoh.com/issues-revolving-aroun...rallel-imports/
*
Manufacturer can control prices and all their sole importers but if they have wholesalers, they cant do much.

In addition, any sole importer in any country that are found exporting to another country can have the agency terminated.






MUM
post Aug 12 2020, 04:36 PM

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QUOTE(mini orchard @ Aug 12 2020, 04:34 PM)
Manufacturer can control prices and all their sole importers but if they have wholesalers, they cant do much.

In addition, any sole importer in any country that are found exporting to another country can have the agency terminated.
*
it is not exporting to sell in Malaysia...it is they sell in China, then the buyer in china sent to Malaysia

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