Protecting product rights whos done it?

**Stav** · 30-11-2005, 07:59 AM

Good day all. :1syellow1

I am looking at bringing a unique product into Australia .Before I do I was wondering what can I do to become its sole distributor in Australia? How is it done?

I believe this product will take the car industry by storm.I believe I am onto something really big.

CarBroker · 30-11-2005, 09:12 AM

We have not done it, but we work with a guy who has. He contacted the source (who happened to be in the US) and is leasing the rights for Australia/NZ. You could be looking at a fair bit of $$$. You also need to watch out that the source doesn't go behind your back and sells into Australia despite your agreement. So you need to build a bit of a relationship with the source. (sure, you will have your legal rights, but courts cost a lot of money). The best thing you can do is to sell a LOT of them, so the source company is happy.

Hope this helps.

MAD · 30-11-2005, 09:33 AM

I think what you really need is a good supplier, talk with them and ask to be the sole distributor, maybe you'll get lucky and you will find an honourable company.

Where I work we are the sole distributor from one US company, and have tried to be from korean, chinese and japanese companies, but they all went behind our back and solicited sales to other australian distributors.

Dave_au · 30-11-2005, 09:41 AM

You would have to buy a licence from the supplier to be the sole supplier in Australia. You would also have to be prepared to take the issue to court in Australia and the importer's country, should the terms of the licence be breached.

Forget being warm and fuzzy with the supplier - it is a commercial matter, you need to get it in writing, then you need to be prepared to defend your entitlement. Obviously a supplier that is more transparent would be more comfort.

XRQTOR · 30-11-2005, 12:05 PM

Quote:

Originally Posted by useless

Good day all. :1syellow1

I am looking at bringing a unique product into Australia .Before I do I was wondering what can I do to become its sole distributor in Australia? How is it done?

I believe this product will take the car industry by storm.I believe I am onto something really big.

Tell me what it is.

gozza · 30-11-2005, 12:12 PM

better not be exhaust spinners

4.9 EF Futura · 30-11-2005, 12:19 PM

I agree with what the guys have said. If you came to an arrangement to be a sole supplier of the product in Australia, these terms would be established in the contractual arrangements you formally undertake. Therefore, any action taken by the other party which breached the supply agreement would (theoretically) be enforcable in a court of law - either by demanding specific performance or voiding the contract and pursuing some form of compensation.

So you'd want sound legal advice on the documentation and would need to address matters like jurisdiction (can you sue an american company in an australian court? can an australian sue an american company in a us court of law?).

I imagine you'd have to pay the other party for rights to be sole supplier and any legal expenses (forming opinion, drafting contracts etc).

FordFan86 · 30-11-2005, 12:25 PM

If only Mr. Rubik's had access to AFF.

eb_5litre · 30-11-2005, 01:02 PM

Is it In-Car Teapots?

**GasoLane** · 30-11-2005, 01:24 PM

Can this product be bought via the Internet from overseas and shipped here?

If so you may only be a sole distributor untill we find out the overseas source and buy it cheap through Amazon

TheSneakiness · 30-11-2005, 01:28 PM

You'll need an Australian Patent useless.

How you go about obtaining it, I'm not sure of.

Mark351 · 30-11-2005, 01:39 PM

Free trades agreements with the US will allow greater access to justice should the US company shaft you, but it would still be costly. So all you can do is sign that exclusivity agreement, and sell like mad.

eb91xr6 · 30-11-2005, 02:08 PM

What are you planing to import

**Stav** · 30-11-2005, 08:30 PM

Quote:

Originally Posted by AUII_SE_Ute

You'll need an Australian Patent useless.

How you go about obtaining it, I'm not sure of.

I am playing my cards close to my chest.A few years ago I invented an idea and went to patent it.They wanted 10,000 dollars to do it.I told them stick it.

The reason why this is so is that someone simply has to modify your product or idea and the patent is not worth the paper its written on. Years later I discovered that a provisional patent of 18 dollars would have achieved the same end.
Anyway this product has been released elsewhere so I cant patent it anyway.

I think that in a country where the laws made to protect you shaft you ...it is a must to sell high volume by exploding onto the market.Only the large corporations and government bueracracies control us all.

MO · 30-11-2005, 09:48 PM

Now that did'nt take long to figure out did it??????

phoon · 30-11-2005, 10:00 PM

If you are bringing in from the U.S, they are tough to get a sole distributorship from, but once you have a signed agreement, they are very big on sticking to it. If you are importing from China, its easy to to get sole agreement signed with them, along with the other 50 people in Aus they gave a sole agreement to. GET THE PICTURE. Shouldnt cost you anything, except the Yanks will want a written agreement with a minimum annual sales written in, you dont meet the sales, you dont have an agreement. Pretty simple really.

phoon · 30-11-2005, 10:02 PM

Quote:

Originally Posted by useless

I am playing my cards close to my chest.A few years ago I invented an idea and went to patent it.They wanted 10,000 dollars to do it.I told them stick it.

The reason why this is so is that someone simply has to modify your product or idea and the patent is not worth the paper its written on. Years later I discovered that a provisional patent of 18 dollars would have achieved the same end.
Anyway this product has been released elsewhere so I cant patent it anyway.

I think that in a country where the laws made to protect you shaft you ...it is a must to sell high volume by exploding onto the market.Only the large corporations and government bueracracies control us all.

Patents are useless unless youve got squillions to defend them. A better way to go for an invention, is a design registration. Cheap, easy to defend.

RED_EL_XR8 · 01-12-2005, 02:16 AM

Quote:

Originally Posted by useless

I am playing my cards close to my chest.A few years ago I invented an idea and went to patent it.They wanted 10,000 dollars to do it.I told them stick it.

The reason why this is so is that someone simply has to modify your product or idea and the patent is not worth the paper its written on. Years later I discovered that a provisional patent of 18 dollars would have achieved the same end.
Anyway this product has been released elsewhere so I cant patent it anyway.

I think that in a country where the laws made to protect you shaft you ...it is a must to sell high volume by exploding onto the market.Only the large corporations and government bueracracies control us all.

Exclusivity! it's a waste of time even asking for it unless you can do a better deal than everyone else in every situation across your entire region. A supplier has his own circumstances/cash flow problems to contend with and usually that means shifting lots of units.
I get asked for exclusivity on a regular basis, my answer is "sure you can have it, you just have to buy my entire production with at least 12 months of forward orders.

There is no point bemoaning larger cashed up companies wanting a piece of the action. Its better to concentrate your time and effort into what tiny businesses do best. They are reactive, offer personal service and ingenuity larger companies can only dream about with all the extra overheads.
Do the little things right and the big stuff falls into place.

And it wouldn't be the first time a larger company paid out a tidy sum to purchase a smaller more effective competitor. That is not always a bad thing.

:

KEV EB XR8 · 01-12-2005, 07:03 AM

Have to agree with red, We imported steam pressing equipment with "exclusitivity" to the eastern states only, The agency that seviced the west "WA" "SA" had a sub agency selling out of "SA" reselling under none of the terms of restriction we were contracted to. To gain the market share we had to have an advantage over the competitor. Eventually we did this and sold equipment to , the likes of "Wisco"
"RM Williams" Right in thier own backyard using !! you guessed it !! Sub Agent.