Re: UK distributor wants me to stop my parallel imports


"Alex Heney" <me8@xxxxxxxxxxx> wrote in message
news:hnr0p19lj387kmk2lbpslsvk3g9mejphep@xxxxxxxxxx
> On Fri, 02 Dec 2005 15:49:35 +0000, Scott
> <blackhole@xxxxxxxxxxx>
> wrote:
>
>>PeteM wrote:
>>> Scott <blackhole@xxxxxxxxxxx> posted
>>>
>>>>Sharky wrote:
>>>>
>>>>>That appears to cover goods which are a copy of genuine
>>>>>goods.
>>>>
>>>>Try reading it again. The term 'infringing copy' does NOT
>>>>necessarily mean
>>>>a copy. I quote a specific instance where it doesn't, which
>>>>almost
>>>>certainly applies in this case.
>>>
>>>
>>> Well you *claim* that "importing into the UK without a licence
>>> makes any
>>> article into an 'infringing copy", but what evidence is there
>>> for that?
>>>
>>
>>Section 27 of the Copyright, Designs and Patents Act 1988.
>>
>>> Parallel importing is widely done in many industries with
>>> perfect
>>> legality. For example pharmaceuticals: the industry is always
>>> bellyaching about it but is unable to do anything about it. If
>>> the law
>>> were as clear cut as you say then they would be able to sue
>>> parallel
>>> importers for "infringing copy". (Note I am referring to
>>> importers who
>>> import the *genuine* goods, not counterfeits.)
>>
>>Firstly drugs are not covered by copyright but rather patent. A
>>lot of
>>imports are from within the EU which is permitted. Of course
>>drugs on which
>>the patent has expired may be imported from anywhere.
>>
>>The OP doesn't say what they are importing - I have assumed it
>>is a
>>copyright article, though the wording for 'infringing article'
>>is
>>effectively the same in the case of 'design right'.
>
> If you look at his website, where he is selling the things,
> there are
> very few of the items there that are covered by copyright.
>
> They are mostly various types of hand weaponry or accessories.

I have a huge range of products with over 20,000 different items
being available. Things like lighters, camp equipment, gloves,
watches, various types of tools etc etc.

However I don't see how copyright applies to any of them i.e. "to
any product like this in fact".

I thought that it only applied to things like photographs/other
art work, software, writing and music i.e the more "creative
commercial products" (not wanting to disrespect product designers
of course).

And if a product is sufficently "unique" in some way then it can
be covered by a patent. Which might give the holder extra rights
over the sale (of a genuine product which they themselves have
consented to be put onto the market somewhere in the world) of
their own goods; I don't know.

Presumably I'd be breaking the Copyright if I were using the
manufacturers content on my website. Which I am not of course.

Their product descriptions and images are copyrighted but
presumably their products are not. Unless somebody knows different
of course and prove otherwise.

?


--
Best Regards

Graeme Nicholson
www.abetterworld.co.uk






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