Knowledgebase for Trademark & Intellectual Property.

Is repacking and relabelling a patent infringement?

By Yahoo User • Category: Patents in China

patent law, legal implications on repacking of patented products, product is patented in China and Taiwan

3 Responses »

  1. I need more info to answer.

  2. Yes, that is illegal in the U.S.

  3. Because this question is so vague and complex you need to see a lawyer. But I’ll try to answer it here as best I can.By relabeling you are changing the trademark on the product so you could be trouble for trademark infringement. If you don’t know it patents and trademarks are two different things. A patent protects the product but a trademark is used to identify the source (i.e. who made) the product.For patents, if you are reselling the product in the country you purchased it in the answer to your patent infringement question is no. When you buy a patented product you also by a license to resell the product. But this does not apply if there is software with the product. Software is protected by copyright law and there is always a written agreement (a license) which goes along with the software. So for software it depends what that license says.For patents, if you exporting the product to a different country then you could be inviolation of the importing countries’ patent laws. This is a case-by-case situation thought.Good Luck

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