AboutScott Brinks Expertise Questions on business process engineering, process design, supply chain solutions (domestic and international) logistics operations, supply chain management, supply chain consulting, temperature control / perishable goods supply chain, reverse logistics, store ready inventory, inventory reduction, logistics optimization, supply chain capital ($$) reductions, outsourcing.
Dont know much about intermodal transportation, bulk liquids transport and storage.
Experience
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Question QUESTION: Hi there, I have seen a product being used in the U.S. when i lived there for several years that has the potential to be imported and distributed widely in South Africa(where i live now) My research tells me the product was patented there in 1994... what are my options as far as gaining the market here goes? i have seen the product being used and produced in other countries too? (ie. china)
Can i patent the product in South Africa or do i need the distribution rights in which case can i import it directly or produce it locally? But more importantly how do i protect myself from anyone else here cottoning onto my idea once ive started and out muscling me?
What steps would you take to initiate this affair? Many thanks
Craig
ANSWER: Craig,
First I would contact the company made the product in the US and ask if they have a distributor/manufacturer in South Africa. If not, offer to become that distributor.
If they have a distributor in South Africa then go to that distributor and offer to represent a region or area of the coutry to sell the product for them.
Both methods are contract based so you have protection.
Once you have a contracted distributorship, then you have legal rights to market the product for your country or region. This gives you the basis to protect the work you are doing.
This is how I would get started. If neither of those things works, then there are several other steps to work on, but these should be the first steps.
Hope this helps.
stb.
---------- FOLLOW-UP ----------
QUESTION: hi there and thanks for your responce,
the product is very simple to make it is the idea of it wherein lies the beauty... so im not quite understanding the patent concept? does a patent expire after a certain period? and if a product is patented in the u.s. then does that patent hold world wide? am a lil confused as i have seen the product in many different stores over there with slight variations do those stores all have distribution rights or are they all using the same supplier and how then is it that production companies in other parts of the world are producing the product now?
and if there are several companies making the product can i contact any of them?
Answer I am not a patent expert, but I would contact the owner of the patent, and see about licensing it for South Africa. You dont want to get a business started and then end up with patent problems.
you can contact any of the companies making the product, and see if you can sell their version in your region, again as a distributor, they will have rights from the patent owner.
