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 Sole distributor for brand, other trading import different packing

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peigeng
post Aug 11 2020, 04:59 PM

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QUOTE(NightHeart @ Nov 21 2016, 10:57 PM)
What you could do, is to send those parallel importers & retailers a legal letter (get a lawyer, they should know which letter). In the letter, mentioned that you're the sole distributor of Food Brand ABC as appointed by the brand owner/manufacturer in Indonesia (do attach your letter of appointment) & that they're liable of unauthorized sale of Food Brand ABC in Malaysia. Legal action can & will be taken for unauthorized sale or distribution after xx-xxx-xx (insert a deadline for them usually a month or so). However if they would like to continue selling, they may buy from your company instead. Then provide them the options available for them if they would like to legally sell it e.g. appointed agent, sub-distributors, authorized reseller, authorized dealer, stockist etc etc (any fancy titles you want).  

Some parallel importers don't realize there's a sole distributor already. So if things worked out well, you'll get a new customer.

Some parallel importers don't care, so prepare to deal with them legally.

But like others who already mentioned, parallel importers exist because of market forces. Strongly suggest for you to take the market forces seriously, especially the pricing. If the parallel importers can earn WITHOUT GETTING the distributor's discount from manufacturer, do relook at your product pricing cause they most likely won't be bothered with your reseller/dealer scheme. As long as there's a gap in the market forces, parallel importers will pop up eventually. If you stop 1 today, 2 will pop up tomorrow. As the saying goes; wherever there's sugar, there'll be ants. So the root of your problem, is in your 4Ps.
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Is sole distributor and sole agent the same thing?

If I am a sole agent and someone is doing parallel import from China wholesaler (not from manufacturer directly), can I take any legal action against the importer who bring in this products?Can I report to agency to seized those shop who are selling this products ?Our products are same,same barcode but mine with my company label

This post has been edited by peigeng: Aug 11 2020, 05:04 PM
peigeng
post Aug 12 2020, 07:27 AM

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QUOTE(NightHeart @ Aug 11 2020, 06:20 PM)
The main question is, who can grant you area exclusivity & how it's being enforced?

If the China manufacturer has 3 wholesaler, what's stopping the 2nd & 3rd wholesaler to compete with you in Malaysia? If the manufacturer or the brand owner themselves isn't bothered, then your "sole distributor/agent" is just a fancy title with no backings to it.

Ultimately exclusive or sole distributorship is just an agreement between you & the brand owner. Thus, it's up to the brand owner to take action cause you have no authority over the brand. I think the common legal action that can be taken is the brand owner gets a court injunction to stop the unauthorized reseller from selling their own product. But you're not dealing with the brand owner. So, unless you have their support......doubt there's anything you can do with the other resellers here.
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Brand owner get court injunction to stop those resellers selling is definitely not in their point of view,because ultimately they are the producers and it is manufactured by them.however if Malaysia sole agent has this brand and trademarks registered in Malaysia,I as a sole agent can stop reseller selling this?

P.s. I understand that I can't stop them from importing but can I stop them selling as they have no exclusive right of selling in Malaysia.brand owner can back me up on this

This post has been edited by peigeng: Aug 12 2020, 07:31 AM
peigeng
post Aug 12 2020, 02:03 PM

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QUOTE(NightHeart @ Aug 12 2020, 01:54 PM)
Well if the brand owner can back you up, then you have better chance. So suit up & try to get local injunction to stop them from selling it in Malaysia.
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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.
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?
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.
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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.
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They are legit company.just that they are not getting approval from government agency for bringing these item.
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)
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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.
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Yes.thanks.
peigeng
post Aug 12 2020, 06:21 PM

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QUOTE(MUM @ Aug 12 2020, 04:36 PM)
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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Yes.That's why manufacturer side has no direct control to whom his own customer (maybe wholesaler or supermarket) want to sell to as
long as transaction fullfiled locally in china .that`s their own customer base.not to mentioned sea shipping is easy in China.quite hard to control.

Eg-supermarket sell to A in china ,A arrange sea freight and sell to B who is in Malaysia.B distribute our products without our consent. Checked with our lawyer, he said this is grey area in law.A isn't bound to any contract as a individual buyer.

So right now we can only complaint to kesihatan and kpdnhep.but any other ways to stop this B from buying?

This post has been edited by peigeng: Aug 12 2020, 06:27 PM
peigeng
post Aug 12 2020, 06:29 PM

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QUOTE(MUM @ Aug 12 2020, 04:57 PM)
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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Yes totally agree .Even trademark or sole agent registered in Malaysia doesn't seems to help much.
peigeng
post Aug 12 2020, 08:01 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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I believe volume talk in business industry.big volume win.even parallel importer did not buy directly from manufacturer,but still more or less same as our cost .

 

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