Name plate on machines.

This query is : Resolved 

03 December 2013

Dear Sir,

We are subsidiary of the Japanese Company. We are manufacturers of Machine .Machines are manufactured by using the know how of the parent Company .

We sell our machines in local as well as in the International Market. Warranty terms for local market Sales lies upon us whereas in export market lies upon Parent company.

As of now, we use the Brand Name and mentioned details of our Company (Indian ) on all the name plates of the machines manufactured in India.

Now, our Parent company is insisting on the basis of their intellectual property rights that we should put name of the parent Company and details of the parent Company on the name plate of the Machines.

I understand simply following the instructions may lead to many issues in this case for e.g.

In such case Can Indian company be held liable for the warranty terms of the Machines which are sold in India.

Today we are working as a manufacturer Exporters and such changes may lead to assumption as we are contract manufacturer .

We may have problems in TP regime and impact can be much more.

Which all provisions and acts I must consider while understanding the implications of such changes.

I know that this very critical issue and we will require to approach consultant before taking final steps .

but I want to update myself before going to the consultant so I can update the management seriousness of the issue .

Can you please suggest me upon the acts and provisions which I should consider for avoiding future consequences of this issue.

Devajyoti Barman (Expert)
03 December 2013

Commercial query.
Engage an advocate .

Rajendra K Goyal (Expert)
03 December 2013

Consult with the adviser in the field.

R.K Nanda (Expert)
03 December 2013

consult co,LA.

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