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 Sole distributor for brand, other trading import different packing

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MUM
post Aug 11 2020, 05:49 PM

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Malaysian laws generally do not prohibit the importation and sale of parallel goods.
What is prohibited are counterfeit or ‘pirated’ goods. Counterfeit goods are essentially fake and unauthorized replication of the original products not originating from the trade mark proprietor.

We are not going to discuss further about counterfeit goods and will focus on the issues relating to parallel imports. One has to note that section 35(1) of the Trade Mark Acts 1976 (“the Act”) expressly states that the registered proprietor shall have the exclusive right to the use of the trade mark in relation to the goods/services applied for. On the contrary, you may recall that a parallel importer, even though he is not the registered proprietor of the trade mark, may import and sell products bearing the trade mark. In such a case, is there any infringement of trade mark committed by the parallel importer?

Section 40(1) deals with acts not constituting infringement. The provision that we would want to look at is section 40(1)(d) where it ‘legalizes’ parallel importation. This section is closely related to the principle of exhaustion of intellectual property rights. Once a particular product has been sold by the trade mark proprietor or his registered user, his trade mark rights are said to be exhausted. In other words, where the registered proprietor of a trade mark or his registered user has placed his mark on the goods which are then marketed, the registered proprietor loses all rights to control subsequent dealings with the goods. To illustrate, if a trader obtains a trade mark registration, he will have exclusive rights over the use of the mark and he can legally prohibit anyone from using and selling products bearing his mark. However, he cannot prohibit customers who have bought the products from reselling to third parties.

It is not an act of passing-off to import genuine goods from overseas and sell them here under their respective trade marks because there is no misrepresentation as to the origin of the goods.
more....
https://henrygoh.com/issues-revolving-aroun...rallel-imports/

https://www.google.com/search?source=hp&ei=...&sclient=psy-ab
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...
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.
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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
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
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/
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.
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it is not exporting to sell in Malaysia...it is they sell in China, then the buyer in china sent to Malaysia
MUM
post Aug 12 2020, 04:57 PM

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QUOTE(mini orchard @ Aug 12 2020, 04:47 PM)
The issue is the supply chain. If manufacturer cannot control that, the problem cannot be solved.
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yes cannot solve as can be seen from many other parallel imported goods in many other countries too.

i think,
it is not the manufacturer's supply chain issue...the supply, demand and distribution has no issue
it is the "globalization and entrepreneurships" of people.
where ease of communication, transportation and the availability of internet for info seeking and sharing do play a part
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post Aug 12 2020, 05:11 PM

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QUOTE(mini orchard @ Aug 12 2020, 05:04 PM)
As a wholesaler, I want the liberty to sell to whoever and whatever price with my commitment to the manufacturer of a fixed monthly quantity.
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As a manufacturer i want as much goods sold as possible that are within the legal binding of my distributors of each country or region.
i am also happy if there are people buy from those individually assigned distributor for resell on their own.
the more goods sold and the more people help me sell ...good for me.
i don't have to be "controlled" by an individual distributor....for that distributor or its associates maybe also making and selling something similar to mine too

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post Aug 12 2020, 06:51 PM

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QUOTE(aspartame @ Aug 12 2020, 06:34 PM)
I dun understand how those ppl can buy from China and resell to Malaysia at cheaper than TS sole distributor price in Malaysia? Unless TS not getting best price from brand owner?
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maybe just maybe,
maybe the volume of order is not same? (China order very big qty)
maybe the manufacturer is in China too?
hmm.gif and also maybe as post in post 30?


 

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