View Full Version : Counterfeit/Fake/Copy Wheels legality
I am trying to look into the legalities of the sale of copy wheels. I am assuming there is some patent/law that protects the original manufacturers? The copies may possibly not be 100% identical to the original wheels to avoid breaking any laws. Anyone know where I can get more info on this? Thanks.
If you're selling cheap wheels, I'd be more worried about taking out some product liability insurance.
huggy_b
19-04-2013, 11:14 AM
Rota seem to do OK?
Not talking about the Rotas or the Varrstoens, but local companies like your Bob Jane and Tempes selling fake OEM wheels. I assume for them to be legally sold here, they must be differ by a certain percentage to the original to be not classed as a counterfeit? And obviously not to lead anyone to believe they are original.
Alt_F4
19-04-2013, 11:22 AM
2 separate issues, copyright & fraud.
If the local wheel shop is knowingly selling non-genuine items as genuine, then it's fraud and should be refereed to the police IMO
huggy_b
19-04-2013, 11:22 AM
Do you suspect your "BMW OEM's" are non-genuine?
Just to clarify, not talking about fraud.
Missile
19-04-2013, 11:26 AM
Rota seem to do OK?
Is this a joke?
For anyone interested:
DESIGNS ACT 2003 - SECT 71
Infringement of design
(1) A person infringes a registered design if, during the term of registration of the design, and without the licence or authority of the registered owner of the design, the person:
(a) makes or offers to make a product, in relation to which the design is registered, which embodies a design that is identical to, or substantially similar in overall impression to, the registered design; or
(b) imports such a product into Australia for sale, or for use for the purposes of any trade or business; or
(c) sells, hires or otherwise disposes of, or offers to sell, hire or otherwise dispose of, such a product; or
(d) uses such a product in any way for the purposes of any trade or business; or
(e) keeps such a product for the purpose of doing any of the things mentioned in paragraph (c) or (d).
(2) Despite subsection (1), a person does not infringe a registered design if:
(a) the person imports a product, in relation to which the design is registered, which embodies a design that is identical to, or substantially similar in overall impression to, the registered design; and
(b) the product embodies the design with the licence or authority of the registered owner of the design.
(3) In determining whether an allegedly infringing design is substantially similar in overall impression to the registered design, a court is to consider the factors specified in section 19.
(4) Infringement proceedings must be started within 6 years from the day on which the alleged infringement occurred.
1JZNOSHIT
19-04-2013, 12:14 PM
Is this a joke?
They seem to be a very popular wheel choice, I dont think its a joke?!
Do you suspect your "BMW OEM's" are non-genuine?
No, but the dealer wants to give me copy wheels to compensate for the cracked OEM wheel, stating that they are identical. They can't be identical as that would infringe on the Design Act 2003.
Tell them they are dreaming.
1 OEM wheel is probably worth more than an entire replica set.
When I was looking at wheels you could get a set of M3 type wheels for 800 us dollars... I am sure they are made to the same specs as the oem wheel
Alt_F4
19-04-2013, 01:52 PM
Ask if you can buy a second BMW with photocopied currency, claim it's identical to the genuine article!
MaTMaN
19-04-2013, 01:56 PM
No, but the dealer wants to give me copy wheels to compensate for the cracked OEM wheel, stating that they are identical. They can't be identical as that would infringe on the Design Act 2003.
BMW dealership or other?
Sebdullah
19-04-2013, 02:27 PM
LOL T
Quak go genuine or no deal, at the very least a second hand rim
SSICK
19-04-2013, 02:30 PM
Is this a joke?
Just another fuckin retard.
BMW dealership or other?
Audi dealership
LOL T
Quak go genuine or no deal, at the very least a second hand rim
Yup, have escalated further with them as the pingpingpingping i was dealing with went back on his word
S85FI
19-04-2013, 04:49 PM
No, but the dealer wants to give me copy wheels to compensate for the cracked OEM wheel, stating that they are identical. They can't be identical as that would infringe on the Design Act 2003.
Most of the "Nice BMW" Rims are BBS. Just check your other rims, it's casted onto the rim.
Buckets
19-04-2013, 04:55 PM
Shoulda bought a C63...
SircatmaN
19-04-2013, 09:33 PM
This legislation doesn't so much apply to you now, simply don't accept the fake wheel as a replacement for a genuine wheel, its not the same wheel. Then if they refuse to replace the wheel you might have better legal means to take action however I don't know the whole picture so I can't really help unless you let us know.
I take it you have bought a car with a damaged wheel and the dealership has said as part of sale they would replace the wheel and are offering a fake wheel? If this is the case it might be more of a contract issue, if it was a term of the contract that they would replace the wheel then a reasonable person would assume it would be with the same wheel, if you have already paid and this has come up afterwards then thats another issue as well.
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