Home – New Forums Logistics Copy right products from manufacturers

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  • #987826
    MissAP
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    Hi Everyone,

    I am new here, but it looks to be a great place to learn and share knowledge.
    I am just starting out, I haven’t gotten very far just yet, trying to get the research happening to avoid silly mistakes.

    My question or current situation is this:
    When looking at overseas manufacturers such as on alibaba who create shoes/clothes etc, how do you know if there are copy write protection on those designs etc?

    I don’t want to fall into any trouble in relation to this. There are plenty of potential manufacturers out there making what I want, but is this a safe option, or should I be trying to redesign them and make them my own before attaching my label to them?!

    Thanks, I hope you can assist!

    MissAP

    #1164469
    Anonymous
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    Hi MissAP,

    There are a few issues that you’ll need to be aware of here. Lots of them are covered in this thread, which should prove interesting reading for you (I recommend reading it all the way through, in the order in which the posts were published, as it veers off on a couple of relevant tangents – some of the links included may also be helpful for you).

    Good luck, and thanks for joining Flying Solo,
    Jayne

    #1164470
    Johny
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    I can’t offer 100% confirmation, but I think you will find that the vast majority of clothing you buy from places like Alibaba is generic, when talking about design of the clothing.

    From what I understand it is very difficult (nearly impossible) to register a design for clothing, and most just select the pieces and have their own labeling attached.

    I think where the problem may arise is with any specific artwork that may be applied to the clothing. For example, importing something with a well known character/picture on it, or importing something that is branded such as something with logo on it.

    Far smarter people than me can tell you more, but I think if you are buying something generic without any existing artwork and just applying your own label, you should be pretty safe.

    #1164471
    Jenny Spring
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    MissAP, post: 190309 wrote:
    Hi Everyone,

    I am new here, but it looks to be a great place to learn and share knowledge.
    I am just starting out, I haven’t gotten very far just yet, trying to get the research happening to avoid silly mistakes.

    My question or current situation is this:
    When looking at overseas manufacturers such as on alibaba who create shoes/clothes etc, how do you know if there are copy write protection on those designs etc?

    I don’t want to fall into any trouble in relation to this. There are plenty of potential manufacturers out there making what I want, but is this a safe option, or should I be trying to redesign them and make them my own before attaching my label to them?!

    Thanks, I hope you can assist!

    MissAP

    You only need to change approx 20% for it to be your design. That might be the material, a little notion here and there.

    Whether you design your own or buy a current design is a business model decision, rather than a ‘copyright’ decision, if that makes sense.

    #1164472
    JacquiPryor
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    • Total posts: 2,344
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    Hi MissAP,

    The sorts of goods you find on the likes of Alibaba are not likely to be covered by copyright. Copyright covers certain works – such as literary works, artistic works etc. (see copyright.org.au). Contrary to popular understanding, there is no rule of thumb as to a percentage you can change someone’s copyright to be ok. Copyright infringement occurs when you use a significant part of someone’s protected copyright (and, significant in this sense means an important part, not necessarily a large part).

    The actual design or a product like a shoe or an article of clothing would fall under the area, in Australia, of designs law rather than copyright. For that to apply, the manufacturer will have needed to file an application before publicly disclosing the design, and their design will have needed to be new when compared to other shoes/clothing available on the market.

    As Johnny mentioned, if you are looking to purchase branded clothing/shoes, this is where problems would more likely lie. Brand-names/logos would fall under the area of trademarks. If you are purchasing genuine brands then this is known as parallel importing. This is not an offense in Australia, but there are certainly things to be mindful of. If they are not genuine, then they may be considered counterfeit goods, which opens a whole new can of worms.

    If a manufacturer is providing generic goods, then most will do so on the understanding that you intend to apply your own brand to those goods. If you engage your own manufacturer (rather than buying from a standard website), this could be a condition of that arrangement.

    I hope this helps? Wishing you all the best.

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