Rights of A single Authorised Dealer of a foreign company
kamal Jangid
(Querist) 25 August 2009
This query is : Resolved
Dear Experts,
We are the Single Authorised Dealer of some companyies for selling there product in india.
We have contract with the companies that non other person in india will purchase product from them.
Now we have some prof that some one in india manufacturing the same product without permission from the forein company.
Please tell me that:-
1) First where we have to register your contract with foregn company.
2) Is we also register with Custom or Excise for not approve to others for Import and Manufacturing of same product
3)What action we can take againest the duplicate manufacturing company
or we dont have any right againest duplicate manufacturung company
4) is we have to inform the same to foreign manufacturing company about that ?
5) Or if any other suitable suggestion for us
Thanks & Regards
Kamal
A V Vishal
(Expert) 25 August 2009
KINDLY PRESENT THE QUERY IN A PROPER MANNER, IT IS CONFUSING ABOUT WHAT YOU ARE ASKING. IF YOUR THE SOLE DEALER OF A FOREIGN COMPANY THEN WHAT IS YOUR OBJECTION IF SOME OTHER COMPANY IS MANUFACTURING THE SAME PRODUCT, YOU SHOULD HAVE OBJECTION IF THEY ARE ALSO THE DEALERS OF YOUR PARENT COMPANY. WHY DOES THE INDIAN COMPANY REQUIRES PERMISSION OF THE FOREIGN ENTITY, IS THE PROCESS OF MANUFACTURE PATENTED BY YOUR PARENT COMPANY. AND FURTHER YOU ARE ALLEGING THAT THE PRODUCT IS DUPLICATE. HENCE YOU NEED TO ASK YOUR QUERY IN A MORE CLEAR WAY AS TO WHAT IS THE PROBLEM AND HOW IS IT AFFECTING YOUR BUSINESS.
kamal Jangid
(Querist) 26 August 2009
Dear Mr. Vishal,
We are sole dealer and we are paying a huge amount for that contract on yearly basis. Now some one making same good with same name same packing ...we can say duplicate goods.
Goods supplied by this dupicate manufacture is very cheap in comparision to our fareign supplier.
Now we are facing problem that our distributor are not acpeting our goods contaning that we are selling same goods in three -four times higher price comparision to that duplicate manufacture.
We are also fear that our product goodwill will lost by these duplicate product as these are not standarised products.
Now How we can protect our right and where we require to register ownself for that.
In custom for Import
or
IPR
Or any ohter
Thanks & Regards
Kamal
Manish Singh
(Expert) 26 August 2009
Dear Mr. Jangid,
if you are talking about fake products which has been produced by some other companies in India and also they are marketing those products using your goodwill/ trademark/ packaging then you may be advised to do the following things :
1. firstly check whether the product is patented under the PCT in india by the foreign company. if yes then the foreign com. can itself file infringment of patent against such miscreants. otherwise ask the company to get it registered under the PCT specifically in India. then get an assignment of the said patent on ur name nad file the infringment.
2. for the trademarks get an assignent of the same from the foreign co. on ur name and then fil for infringement.
3. for copyright infringment (designs of the packaging and all that), get an assignment of the said copyright and then you can file a criminal complaint aslo..
dinesh
(Expert) 28 August 2009
Dear Mr. Kamal
The problem you are facing is no different than what many other distributers are facing in India. The options before you under the IPR are time consuming, costly and limited. Since you are the sole authorised distributers in India your case is well covered under the economic offences category.
Remedy under IPR will be still available under the Indian law even if the product has international patent. Under TRIPS agreement, you with the approval with the company can also initiate legal proceedings for counterfeit products.
Dinesh K. Sharma
Guest
(Expert) 01 September 2009
I agree with advise given by Mr. Manish.
Moreover, if you believe that duplicate products are imported and then sold in Indian Market, you may make application in Custom Department for seizure of unauthorised product as per new Custom Amendments.
But I suggest that first perfect your documents and have strong rights under law to get best result.
