Ecommerce law regarding selling foreign brands

divya (Querist) 20 January 2012 This query is : Resolved
Dear sir/madam,

I wanted to inquire about ecommerce laws regarding purchasing foreign brands(apparel) from US or Europe and selling them in India through my online store under their same brand name.Do I need any special permissions ?

Looking forward to your reply.
Regards
Divya

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Raj Kumar Makkad (Expert) 20 January 2012
Your require the permission of RBI & Ministry of Commerce, GOI.

divya (Querist) 20 January 2012
As I plan to buy apparel from their retail store itself and then sell in India, do I need permission from the brand?

Deepak Nair (Expert) 20 January 2012
You will be selling the products of other company as thier products only and not your products. You are not claiming to be manufacturer of those products. In this case there is no infringment of trade mark or intellectual property rights.

All you have to obtain is the statutory licenses from the appropriate government authorities. For that you may consult the ministry of commerce as suggested by Mr.Rajkumar.

If you want to act as a dealer on commision basis, then you should enter into an agreement with the manufacturer. If you are only a retailer, selling the products on margin, then no such permission or agreement is required.

After all the manufacturers make their products to sell and if you help them sell they will be more than happy.

divya (Querist) 20 January 2012
Thanks a lot!!

divya (Querist) 20 January 2012
Hi, Further on my above query, can I use those brand names during my virtual and real-world marketing .For e.g.

1) I go to a US store and buy ABC gowns.
2) I bring the ABC gowns back to India and sell them online.
3)During marketing my website, I advertise that the website sells brands like ABC, DEF etc..
4)Do I need permission from the brands to advertise their name on my website?

Looking forward to your reply.

Deepak Nair (Expert) 20 January 2012
No. That does not require any permission. You can very well mention the brands which you are selling and the price on which you offer those brands.
That is nothing but providing information to the public regarding the brands available with you. That does not amount to any violation or infringement.

divya (Querist) 20 January 2012
Thanks a lot again! :-)

Devajyoti Barman (Expert) 20 January 2012
all have rightly guided. I agree with them/.

Sailesh Kumar Shah (Expert) 21 January 2012
In addition to above, you should hire services of professional, who is expert in this field. It would be in your interest.