Sole Distributorship

[Zen]

Hi

I would like to ask, if my company is the Sole-Distributor of a certain brand of consumer products, is there any government department that I can register with to inform the government about my company's sole-distributorship, so that if in case there are parallel imports into Thailand, I have the rights to get the officials to investigate on those parallel importers?

Thanks a million!

[cclub75]

Hi

I would like to ask, if my company is the Sole-Distributor of a certain brand of consumer products, is there any government department that I can register with to inform the government about my company's sole-distributorship, so that if in case there are parallel imports into Thailand, I have the rights to get the officials to investigate on those parallel importers?

Thanks a million!

You have a rather strange question...

A distribution agreement between 2 companies... well it's commercial law.

If you have a problem, you start a procedure with a tribunal... Right ?

If you have an exclusive distribution agreement then bingo. Otherwise... you can cry.

So which "department" you would like to "inform" before of your deals ? I don't understand.

Or you might be speaking about "brands" and other "patents" ? In this case, yes it's different. But it don't fit with your story of importation of goods...

[sonicdragon]

I think he is saying that he wants to enter into a sole and exclusve agreement with a foreign company to sell it's products in thailand. And he is worried about other companies in thailand importing the said products into thailand and selling them here, thus circumventing his exclusivity.

Is that right ?

Is there really some kind of tribunal for grey market (parallel) in thailand ? I find it very surprising. I have the same problem in Japan, taiwan and hong kong, and there is nothing we can do about it.

[h90]

Hi

I would like to ask, if my company is the Sole-Distributor of a certain brand of consumer products, is there any government department that I can register with to inform the government about my company's sole-distributorship, so that if in case there are parallel imports into Thailand, I have the rights to get the officials to investigate on those parallel importers?

Thanks a million!

would guess no, that problem exists everywhere. A lot in Asia, but also in Europe. A lot cases like a digital camera/mobile phone is sold in europe more expensive than in asia and than someone start to import the japanese model to europe.

There is exactly nada you can do against it. On mobile phones they tried for the chinese market to have it with only chinese, than we started to exchange the firmware, than they made it non upgradeable. I think one of my friends still has 100 nice mobile phones on stock in europe, but all in chinese......

short version: no you can't do anything as long as I know.

[A_Traveller]

you could register you importation agreement with the Ministry of Commerce, but in the real world if your product is subject to grey imports it's difficult to see how you would meaningfully stop such an activity, even with IP protection.

In most cases the only option is to offer a better 'official' package, which is a technique used widely in a number of businesses faced with this issue.

Regards

[h90]

you could register you importation agreement with the Ministry of Commerce, but in the real world if your product is subject to grey imports it's difficult to see how you would meaningfully stop such an activity, even with IP protection.

In most cases the only option is to offer a better 'official' package, which is a technique used widely in a number of businesses faced with this issue.

Regards

I think for almost all products (maybe some software/music/dvds might be an exception) it is not possible to register something or block someone. If I legaly buy a product somewhere and official send it to Thailand and pay the taxes noone can block me.

Companies try sometimes to refuse warranty on such imports, that's an wonderful idea for the customer, when he buys something, the company tells sorry no warranty, the shop disappears, everyone makes money and the customer gets punished

(some cameras, scuba things.....)

[A_Traveller]

you could register you importation agreement with the Ministry of Commerce, but in the real world if your product is subject to grey imports it's difficult to see how you would meaningfully stop such an activity, even with IP protection.

In most cases the only option is to offer a better 'official' package, which is a technique used widely in a number of businesses faced with this issue.

Regards

I think for almost all products (maybe some software/music/dvds might be an exception) it is not possible to register something or block someone. If I legaly buy a product somewhere and official send it to Thailand and pay the taxes noone can block me.

Companies try sometimes to refuse warranty on such imports, that's an wonderful idea for the customer, when he buys something, the company tells sorry no warranty, the shop disappears, everyone makes money and the customer gets punished

(some cameras, scuba things.....)

I'll check but AFAIK there is a registration process available within the Ministry of Commerce, but all it does is give gravitas to the document, there's no enforcement provision. With say a contract between individuals or juristic persons, registration can be of value in a legal dispute within the court system in Thailand.

Regards

/edit typo//

Edited April 4, 2007 by A_Traveller

[xbusman]

Sorry, commercial agreements between private commercial entities are not enforcible through the legal system. Breach of contract is however, if they give you exclusive rights and then sign an agreement or sell to someone else in knowing violation of your exclusive agreement you can sue them in civil courts.

Manufacturers are required to enforce exclusive agreements. For example, Harley signs an exclusive agreement with Power Station to be their only new motorcycle dealer in Thailand. If I call Harley and want to set up a shop, they have to tell me no or Power Station will flay them in civil court. If I buy from a certified dealer anywhere else in the world and tell them I am exporting the bike to Thailand, a dealer must tell me no or face severe penalties from Harley if discovered. However, if I buy a new Harley for myself, drive it to the port and decide to ship it to Thailand, there is not a thing Power Station or Harley can do about it. In fact, Power Station is required to provide parts and service when required no matter where the Harley is from (albeit they dont have to service it in a timely manner).

You will have to deal with grey or parallel importing in any event. Never count on an exclusive agreement because other than Picassos and Rembrandts there are always plenty of competitors about.