Praveen (Director) 09 August 2013

Legal advice-selling copies of international brands on our w

Hi. We are planning to buy surplus items from China, items like apparels, bags, artificial jewelry , electronic items etc and would sell them on our upcoming E-commerce website. Most of the designs of apparels and electronic items that we would buy are actually the copies of International brands with their labels. Just wanted your advice as to what kind of legalities maybe involved in selling these items on our website. Also we have got ourselves registered with the shops and establishment act in Noida, UP. Do we need to acquire any more licences before we can start selling products on our website. Please advice.

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3 Replies

Sudhir Kumar, Advocate (Advocate) 09 August 2013

so you are going to trade in puffered aand IPR violated material. It is just like buying and selling stolem goods.

Banker Harpreetsingh (Patent Agent) 09 August 2013

IPR would be a major problem. Patents, TM, Industrial Design acts violations would be attracted. Be prepared else shelve the idea.

Praveen (Director) 10 August 2013

If we mention it clearly on our products page that these are not original items and just the copies, would that be any good.? We dont want to get into any legal trouble, nor we want to do anything illegal. So is there any way round ? Maybe if we sell the items under our brand name and not the original brand will that solve the problem ? Or shall we have to shelve the idea ? We are ok with dropping the whole idea.

Also we have acquired licence under the shops and establishemnets acts Noida, do we need any more licences/permissions before starting the emommerce business ? Please advice.