Distribution rights etc

chprt

I have been trying to research this for the last few weeks now.

Say I want to bring a well know branded product into Ireland to sell, lets say puma runners, or canterbury rugby balls.

Now I can find them for sale in China no probs, which in fairness is probably where they are manufactured in the first place, but how do I find out who the European / UK / Irish distributor for the product is, so I can contact them to cut down on importing them on my own... less risk for me


BTW I have googled this extensively but cant find the answers I am looking for


thanks paddy

antoinolachtnai

If you are looking for the distributor in Ireland of a particular product, why not ask the brand owner or manufacturer?

If the distributor already has a source, why would they want to buy a product off you? Your product is a knock-off, right?

You cannot just import a branded product from another territory outside the EU and sell it in Ireland. The local distributor and mark owner will have you shut down and your stock seized.

chprt

antoinolachtnai

thanks for the reply..

without wanting to go into too much detail, I dont think there is a distributor here in Ireland, and most people by this type of product from the UK/USA.

I am trying then to find out if there is currently a distributor in Ireland, but an not having much luck.

The chinese products, I dont really know if they are knock off, perhaps, but I was saying thats probably where the manufacturer gets them made as well. This is soemthign I would have to look into a bit further this please

Can I ask you to explain a bit further

"You cannot just import a branded product from another territory outside the EU and sell it in Ireland. The local distributor and mark owner will have you shut down and your stock seized.

Do I need to set up as a business in order to import, many thanks

Paddy

antoinolachtnai

It is hard to believe that there is any category of product that does not have some sort of distributor in Ireland, though it is possible. I have come across products in the Internet which seemed not to be available here. I then found a warehouse fullest at Ballymount full of the stuff.

If you contact the manufacturer you will find this out for sure.

Re branded products, the agents and manufacturer own the rights and this gives them the right to control their distribution to a high degree. this means in practice that they have the right to have you stopped from selling it. It might help to look up 'intellectual property rights' on Google.

Unbranded products have problems too. There could be a patent which would restrict its import. You have no assurance of quality. The fact that a fancy product is made in the same factory does not necessarily help. They have the skills sure, but they could be using rejected parts from the main line to make the cheaper product. This is the broad area of 'quality'.

This has nothing to do with how you are incorporated as a business at all.

chprt wrote: »

antoinolachtnai

thanks for the reply..

without wanting to go into too much detail, I dont think there is a distributor here in Ireland, and most people by this type of product from the UK/USA.

I am trying then to find out if there is currently a distributor in Ireland, but an not having much luck.

The chinese products, I dont really know if they are knock off, perhaps, but I was saying thats probably where the manufacturer gets them made as well. This is soemthign I would have to look into a bit further this please

Can I ask you to explain a bit further

"You cannot just import a branded product from another territory outside the EU and sell it in Ireland. The local distributor and mark owner will have you shut down and your stock seized.

Do I need to set up as a business in order to import, many thanks

Paddy

RUDOLF289

chprt wrote: »

antoinolachtnai

thanks for the reply..

without wanting to go into too much detail, I dont think there is a distributor here in Ireland, and most people by this type of product from the UK/USA.

I am trying then to find out if there is currently a distributor in Ireland, but an not having much luck.

The chinese products, I dont really know if they are knock off, perhaps, but I was saying thats probably where the manufacturer gets them made as well. This is soemthign I would have to look into a bit further this please

Can I ask you to explain a bit further

"You cannot just import a branded product from another territory outside the EU and sell it in Ireland. The local distributor and mark owner will have you shut down and your stock seized.

Do I need to set up as a business in order to import, many thanks

Paddy

Hello Paddy,

here is some background to what I believe you are proposing. The owner of the brand (i.e. Puma or Canterbury) also own the intellectual property rights. They have appointed distributors, even if those distributors do not carry the products you intend to bring in here.

I am attaching a document “Parallel Trade”, prepared by Stefan Szymanski and Tommaso Valletti.

I quote from this document note 4 at the bottom of page 7 of this document ;

“quote”
Indeed, recent case law suggests that, in the European Union at least, parallel trade from outside the EU is not permitted unless there is explicit consent from the manufacturer, and that mere failure to indicate that parallel trade is prohibited is not enough to allow a wholesaler to engage in such trade (again, see European Court of Justice, C-415/99).
“unquote”

Also refer to page 8, 2/3rd down

“quote”
At the same time, parallel importing from outside the EU remains prohibited, a position that has been clearly established in a number of court cases.6 Sweden has found this state of affairs objectionable, since prior to entering the EU in 1995 the country applied a regime of international exhaustion (parallel trade was permitted from any country in the world), but since then holders of IP rights in Sweden have been able to prevent parallel trade from outside the EU.
“unquote”

From the website : http://www.concurrences.com/article.php3?id_article=12248&lang=en

“quote”
Intellectual property rights (IPRs) such as patents and trademarks give the developer certain exclusive rights over the exploitation of his work, such as in production and commerce. However, within the EU, the exclusive right cannot be used to artificially split up the common market along national borders. Therefore, the holder of an IPR in a Member State cannot oppose the import of a product protected by the IPR into that Member State, where that product was already put on the market in another Member State by the holder or with his consent. To this extent the holder’s IPR is considered to be exhausted. The principle of exhaustion does not apply with regard to products put on the market in third countries.

See also: Intellectual property right

There is extensive case law in all EU member states, derived from EU regulations that prohibit "parallel Imports". I am afraid what you are proposing to do is a non runner, unless you get permission from the owner of the respective brands - fairly unlikely.

Just be aware that Customs is the first line of defence in this and the actual distributor / owner of the brands will take action if it has got past Customs and see it in the shops in Ireland.

If the product is found to be counterfeit you are likely to be treated even more harshly !

So sorry if we're bursting your bubble, but I would strongly recommend to stay away from anything like this.

Regards,
Rudolf289