QUESTION

How do I start a business in my country when there is company already using the same idea in business in another country?

Asked on Oct 02nd, 2011 on Patents - Guam
More details to this question:
I have a couple of issues I need to address before I can start my business idea. The first issue, is that my idea consists of making alterations to a product that a large company makes and distributes to retailers for re-sell. Am I able to buy wholesale amounts of this product, just as a retailer would, and make the alterations to this product as I please? Or would I need to seek permission from the company to be able to make these alterations before I sell to consumers? Would I need to pay royalties? If so, how do I go about seeking permission? My other issue, is that this idea has already been put to practice by a company in the US (I am in Australia), but they have a very minute market in Australia due to the overly large shipping and customs fees. They have a pending patent according to their website. Does this mean I will not be able to set up a business with the same idea? Is there any way for me to go about legally starting up a business with this idea?
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1 ANSWER

Your question raises a lot of different issues, ranging from intellectual property rights to distribution rights. Your agreement to purchase the large company's products should state whether you can alter the product and should also address royalties. If there is a patent pending, there are no patent rights at this time but once a patent issues, you might be infringing a patent which will get you shut down very quickly. You should consult an attorney on these issues.
Answered on May 20th, 2012 at 4:47 PM

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