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November 21, 2006

Chinese Illegal manufacture of products. Business law opinions?

Filed under: China Law — Tags: , , — china @ 7:09 am
chinese law
Mike L asked:

Hi
Could someone help me understand chinese manufactures?
I came across many manufactures who produces copies of apple ipods and other items such as “coach bags”.
They are producing them without any rights.

Does their government even care?
Are their copies exactly the same? Because many manfuactures tells me they are, but how is that possible? If they are not made by the same machine and techniques. They won’t be. Unless the chiense stoled apple ipod’s blueprint.

If i were to buy copies from these manufactures and retail them in united states, would i get in trouble?

I can see three scenarios/
1. i retail them online and write in the description that the item are copies of the real product and they are manufactured in china.
2. i retail them online and claim they are the real product.
3. i don’t claim they are similar or copies of the real product. I don’t mention the name of the real product, but i give it a new name.

Is any of these three legal?

If i proceed with option 2? ..?

DaCare Legal Recruitment

4 Comments »

  1. im guessing your talking about the HELL OF ALOT mp3 players that look like ipods over there , Its not illegal as long as it doesnt say ipod even though it looks like it.
    A mp3 player cannot be “copywrited” but ipod can be.
    So if u buy mp3 players ur fine but if ur buying/selling
    mp3 players that says ipod when its not a ipod ur screwed

    Kinda like bags and clothing (same idea) , LEVIS
    cant say “I HAVE COPYWRITE ON TSHIRT”
    thats stupid. But they can have a copywrite say on a tshirt that says levis.

    So if i were you , i would go with buying things that looks simular and do the same shit.

    But if ur really just selling online, manufactures i doubt will even bother with you. U might want to look into local wholesalers .

    Comment by tghtrading — November 21, 2006 @ 1:43 pm

  2. it’s always illegal to have something copy with the orginal name on it even though you tell consumer that it’s “copy”. the lawsuit will definitely occurs when there is no permission for you to copy those.

    In China, there is regulation for copy items. If brand name company already have agreement signed with china manufacturer, it will most likely, they can not sell to you direct; unless they want to make money on the side, i would guess they will sell it to you without the brand company knowing it; which i think they are risking it.

    Most of the websites retail brand name without authorization is being taken down and given a warning. A very good example is that I heard from a friend. There is this couple who trys to put up chanel bags for sale online as a retail store without authorization from the brand. Later on, they were being send a warning letter and lawsuit to immediately shutdown.

    I don’t know if this help. Good luck!

    Comment by KCC — November 24, 2006 @ 5:48 am

  3. It is illegal to even posess counterfeit items in the US and soon in Canada.

    Your 3 scenarios;

    1. Get arrested. Big fine. Go to jail.
    2. see #1
    3. also see #1. All they have to do is resemble another product to violate the copyright.

    Comment by Eric H — November 26, 2006 @ 3:43 pm

  4. If it is too good to be true, then it’s NOT true. First of all, if you’re thinking about importing some of these products in, then you have to becareful, most of these Chinese manufactures are scam, unless you actually fly over there to inspect the manufacture and make your first deal. Without seeing the manufacture, you might as well kiss your money good bye and pray to God they’ll send you the products… unless this is a ligit manufacture. Then again, a legit manufacture, under their agreement with Apple, they can not sell behind Apple’s back. That would breached contract. A large or a legit manufacture would not make such stupid decision and jeopardize the relationship with Apple.

    All these manufactures will claim their products are exactly the same as the real one and probably say it come from the same manufacture that makes it… or perhaps these are the left over from last season…#T! Let’s say you scored the deal, it is the real thing!… but if you’re not an authorized importer, YOU SIMPLY CAN NOT CLEAR THROUGH CUSTOMS & DUTY! If your shipment get confiscated, it’s not the manufacture’s problem, they already got your money… too bad, it’s yours LOSS!

    Or they actually send you 1 (ONLY ONE real I-pod), send it to your location, the trick is… they also purposely wanted to get confiscated, once it is confiscated, it’s also not their problem…

    Beside, what they emailed you the photos of the products which you’re gonna get… it’s definitely an I-pod, by the time you actually recieve the products are probably nothing but cheap look- a-like. Worthless to you.

    The Chinese manufactures prey on new comers like yourself… gullible about importing. I’ve been dealing with China for about 5 years now… Trust them as far as you can throw them and I am a Chinese American. lol…

    Too bad, good o’ America labor are too expensive, otherwise I’d be the first to bring the business back to America.

    Comment by Silver7 — November 29, 2006 @ 7:00 pm

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