berlinonaut
Veteran
- Location
- Berlin Germany
There are the Brompton patents that have indeed expired about 20 years ago. Then there's the area of copyright which includes general intellectual property. The actual case against Cedech referred to the unique and iconic shape of the Brompton that is an essential part of the brand. It is basically in the same area that the form and shape of a small Coca-Cola bottle would be protected and Coca-Cola could (and probably would) sue anyone using this shape for a competing product. In no ways it would be forbidden to sell a similar product that does look different and the same is true for Brompton. They tried to sue Dahon for the Curl and pulled back before a court did decide on that matter as it seemed that the Curl would be different enough. They sucessfully sued Merc for selling their Bromton clones in Europe under different names and in different countries. They sucessfully sued Neobike before for doing the same thing.IP laws are complicated and depends what areas you want protected. Design, folding, functional, etc etc. Not forgetting you have to apply worldwide coverage too. If they don’t cover a particular country, then that country have every right to copy. That is the law. I’m not here to encourage pilferage. Am sure Brom got good advise its not worth to cover China. Then which country 360 wish to sell is beyond our discussion here.
That doc you attached is just a general news. You and me do not know the details enough to make a judgement. Nothing is considered cast in stone as the defendant can appeal until everything is exhausted. Then that is the judgement.
Suing someone in Asia is a different story, as the perception of copyright and intellectual property may be different and it is very expensive and of unclear success to get lawyers. The more as the issue happens in a variety of Asian countries and the companies pop up and close quickly plus they subcontract, label and sub-brand, so it is already a problem to identify the company or person that is responsible. And if you have managed to do that then you need to get hold of them and then to bring them to court and succeed there. They may already have permutated in the meantime, so it is a race that you can't win. Basically a hydra with many heads: Even if you finally manage to chop one off after much effort ten others may have grown while you were occupied with the first one. I'd assume that's why Brompton until now do not do legal action in Asia as far as I know - waste of time and money. Not because they believe what the clone guys are doing would be legal - it is not. Europe is a bit safer ground in that regard, way less hydra-effect here and way safer ground for legal action.
Land Rover sucessfully sued Landwind (a Chinese car brand) in China for copying their design (I think it was the Discovery they copied). So even in China it is clear that this kind of behaviour is far from being legal.
What is clear is that basically all Brompton clones are a direct or indirect result from the licensing deal Brompton hat with Neobike between 1992 and 2002 and the illegal actions Neobike took afterwards - and this is also the reason why these clones even today are typically based on a 30 year old state of the Brompton - the one that was licensed to Neobike at the beginning of the nineties.
Regarding the Chedech case: In the article there is a link to more detailled legal documents and if you google you will find way more easily w/o any effort. The ruling is not really complicated to understand.
Apart from any legal topics I personally do not buy copycat stuff, that is a question of morale, but also rational: For one because I have respect for inventors and no respect for copycats and secondly because the copycats typically only exist because they offer at a lower price which comes at a cost: They simply copy w/o understanding the construction plus - as the price is their only justification of existence - the quality is typically way lower as they have to take shortcuts to get the price down and they are always lagging behind the development of the original product as they only copy but do not develop. This is true for a fake Rolex, this is true for a fake iPhone or fake Airpods and it is true for a fake Brompton. If you only look at the price you end up getting a cheap product that on first look may look similar but one that probably is of worse quality as well, sometimes to the amount of being dangerous or unusable for the intended purpose. Definitively one that has close to zero resale value, a high risk of not so obvious issues and differences to the original and a very questionable longterm quality. So in the end you loose way more money than what you believe to safe upfront.
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