Customs stopping Chinese clones

groom

Otacon wrote: »

I got the Zopo ZP900 Leader recently sent from China. No such issues cropped up though. Suppose I was lucky.

It does seem to borrow from a few other designs doesn't it. Nice looking phone.

TMC99

groom wrote: »

Not exactly clear. He's talked to someone in customs on the phone but they've been pretty dismissive with him telling him it's a matter between him and Samsung. That's probably the annoying part. If it's explained clearly to you and you've no argument against it it's a fair cop but they haven't been transparent

I'm fairly certain he has the right to inspect the goods and packaging. Clearly if its being passed off as a Samsung (description / packaging / trademark etc.) then he has a problem. If its 'infringing' on Samsung patents then its a more grey area.

If it was me I would look to examine the goods - if its not being passed off as a Samsung - and its an IPR issue then I would consider appealing the decision.

At the end of the day a lot of these phones are starting to look very similar - even court cases seem unable to decide if patents are being infringed if we look at the Samsung/Apple situation. I would like to know why Revenue did not refer it to Apple for example ? What factors make it a distinctly a Samsung phone ?

(Just in case - Not a serious question above - obviously it looks 'more' like a Samsung than an Apple - but just making the point that one pair of shoes can look the same as another pair - but it does not mean they are infringing copyright)

5500

I'd love to have seen the box ect and if it was branded in anyway as Samsung, but after a quick google of the phone packaging ect it doesnt appear that it is. You normally get another letter confirming seizure that has details of how to appeal, personally that's what I would be doing

groom

My friend got the following response to a request for a full explanation to how the device was found to be counterfeit and what he can do to appeal.

I wish to advise you that the phone and the IMEI number was checked by Samsung and they confirmed that the produce breached their Intellectual property rights. If you wish to formally appeal the decision you may do so as outlined on the back of the Notice of Seizure.

Anyone know what the IMEI would reveal?

Zonda999

groom wrote: »

My friend got the following response to a request for a full explanation to how the device was found to be counterfeit and what he can do to appeal.



Anyone know what the IMEI would reveal?

Well for a start, that it doesn't exist in Samsungs database, meaning that if Samsung didn't manufacture it, it must be counterfeit, especially if there's crappy Samsung branding on the box

It is annoying for your friend though, surely it would be far easier for everyone if the Chinese just put some generic packaging on it rather than alerting people like customs officers..

groom

Zonda999 wrote: »

Well for a start, that it doesn't exist in Samsungs database, meaning that if Samsung didn't manufacture it, it must be counterfeit, especially if there's crappy Samsung branding on the box

It is annoying for your friend though, surely it would be far easier for everyone if the Chinese just put some generic packaging on it rather than alerting people like customs officers..

As far as he is aware there wasn't any Samsung branding on it. I've told him to request to see the packaging. To be clear this isn't the case of a knock off pretending to be a Samsung. Rather it is a phone that customs / Samsung would argue contains elements of Samsung design and it is pretending to be a distinct design so you would hope it wouldn't have a Samsung IMEI

TMC99

If it was in Samsung's database then I'd be getting worried.

If the manufacturer is a bona fide phone manufacturer then they will have gotten an IMEI from the GSM association. If that IMEI is not listed with the GSM association then it is a fake/copy IMEI.

I would have thought that Samsung would only be concerned if the IMEI used was one that was issued to them (Samsung). Outside of that I don't see what issue the IMEI would be to them or Revenue.

Milfhunter

I have a similar problem with a THL w1+. Customs sent it to Samsung and am awaiting a response. I am anoyyed as the phone is a real brand and not a clone of anything.

Is there a chance that they could say its a clone, the brand is similar to the jiuyau brand etc as in a legitimate design and a repituable company.

MJ434

Milfhunter wrote: »

I have a similar problem with a THL w1+. Customs sent it to Samsung and am awaiting a response. I am anoyyed as the phone is a real brand and not a clone of anything.

Is there a chance that they could say its a clone, the brand is similar to the jiuyau brand etc as in a legitimate design and a repituable company.

What was the outcome?

Murt10

Sorry for coming on this so late, but the fact that Samsung claims their stuff is being copied is a bit rich.

Kettle and pot spring to mind, see attached article on the subject in Vanity Fair.


http://www.vanityfair.com/business/2014/06/apple-samsung-smartphone-patent-war