Legal Question in Technology Law in China
Technology, Hardware, Trademark, Copyright
Dear Lawyer,
I have made a contact in China with a company who claims to manufacture sd memory cards but has admitted to copying (pirating as I took it) this technology from Sandisk. I have heard of copying software, dvd�s and cd�s but I was unaware of the possibility of copying hardware. This company in China then goes the extra mile to produce labels that have the Sandisk trademark. These labels are then attached to the product to make it appear even more authentic. At this point I am very suspicious and begin to ask questions. I told the agent that I was working with that I didn�t want to do anything illegal. He told me that using the labels and trademark was illegal but that I could still buy and sell the hardware. As I understand it, Sandisk invented these memory cards, so here is my question: Is it an okay practice for me to buy these copies, manufactured in China, of course without the trademark attached to it, and resell them?
Thank you for your time,
Michael
1 Answer from Attorneys
Re: Technology, Hardware, Trademark, Copyright
If any of the technology in the memory cards are patented, you could be liable for patent infringement by reselling them. In addition, since you are aware of the copying going on, you could potentially be subject to additional damages. You're taking a big risk staying in this venture.
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