Online Purchase and Resale

yanyan33

I noticed people purchased online from overseas and resales in singapore. Ok to do it??? Will get sue by local distributor??

noeclue

It's called parallel import.

For licensed products, you may be sued. However, there were few cases (I read on newspaper) 2-3 years ago that the defendant won the case.

KawaiiKingdom

I heard about the news too. Ok. Last time I did the same thing. I bought products from Japan and sold in Singapore. I got apporval from the company itself. So it is ok.

Under law, if you buy products. It is counted as your property. You can do anything with it.

BUT if you buy hello kitty, you sell hello kitty. You might get sued. But come on! Flea market, pasar malam, bazaar and etc. Who cares about it. =D

But beta be safe than sorri.

Regards,
Takeshi

ctcart

but what if i buy from wholesale then after i rec'd the product i sell it online or pushcart or maybe one day open a shop? is it ok?If not how to buy and sell things/

Dazzling Image

Hi Takeshi,

By getting approval, do you mean you have a contract the company?

tinytiny

Hi,

I also get japan/korean brand names to resell..haha...if those brands do not open any shops in singapore, it shld be ok?

Corinne

Haha Takeshi are you talking about me?
But I am selling original ones too bad!

__________________
Corinne (:
http://vainityindulge.webbly.com/

online_clothing_shopper

Just don't re-sell branded items like prada handbags but then again, if your customers find out that you are buying-reselling to them, then they might not buy from you again.

Symphony

Alot depends on the appointment of distributor and actions by the brand ower actually. As lawyers we only take on cases that are initiated by the brand owners or the appointed Distributors.

A lawer friend told me that they are in the process of collecting information and evidence to prosecute several 'self-named' official distributor for Tenga.
the Tenga company in Japan only recognised one seller in the Singapore and Malaysia markets, but there are some online sellers and shop retailers doing the selling without the said rights.

so your question as to whether they will get sued depends alot on WHEN the offence is committed and the courts' actions (depending on how severe is the violation: mild = confiscation and a fine. severe = jail and defamation suits.

Another example, Hello Kitty. Yes you can resell the soft toy you had used and you label it as secondhand and it will be ok. But if you state that you are a distributor, then you are in trouble because you are misleading the public to believe that you are THE distributor. it will be worst if you have a website to state this as a fact as it will become evidence.

Remember tat the REAL distributor paid alot of money to get the licence, and invested money to bring the products in and had already spent money on advertising. If you are just bringing a product or a brand to sell - after the original distributor had brought it in BEFORE you - then you will definitely get sued.

the entire process can take some time because the suing company may originate from overseas and they require a local lawyer / company to act for them. so it does not mean that if you are not in trouble within 3 months you are ok forever. the lapse in time is also to allow the 'offender' a chance to stop their activities. A local distributor may deliberately withhold legal proceedings (under the pretext of evidence collection) so that the offense will seem more severe, and thus attract a more heavy punishment.

Sometimes it is better to do the right thing, not the profitable thing, you may end up loosing even more just to make a little money.


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DISCLAIMER: information above used for discussion only and should not be taken as represented legal information for any person or organization.
please consult your legal representatives for full legal advice.

DarleneZ

Thanks Symphony for the detail explaination. I have one queries though. You mention that it is illegal for a person to purchase products from overseas and even claim that he is the authorise distributor.

May I know if I were to purchase branded bags from overseas (like USA), like Gucci, Prade & Coach and decide to sell them in a bazaar or event place in Singapore, is it allowed? If I do not claim that I am the authorised reseller or distributor, does that mean that it is legal to sell the bags here in Singapore?

I notice lately that there are a few vendors that are selling genuine branded bags in bazaar and my sister is considering to follow suit but I want to know whether this is consider legal or illegal. Thanks so much!