Legal FAQs

What is a counterfeit?

A counterfeit is something that is intentionally made to look like an original item. Counterfeits are designed and branded using someone else's registered designs, marks and logos and are intended to deceive the buyer into believing the product is an original, also referred to as an "OEM". The word "counterfeit" is often played down by using softer less intimidating terms such as "Copies" and "Knock Offs. In some parts of Asia, the term "No 2" is commonly used to describe and order counterfeit products.

What is an OEM?

OEM means Original Equipment Manufacture and is usually assigned to the entity which legally owns, makes or authorizes to make a product. In legal terms, the OEM owns what is called Intellectual Property in the product they make. They are protected by law from unauthorized copying and or distribution of counterfeit products.

What is Intellectual Property?

Intellectual Proprety Rights or "IPR's" as it is commonly known, is a term used to include issues of Patents, Copyright & Trademarks and other legal methods of protection for products of creativity, discovery and invention. All countries have their own Intellectual Property Laws (IP law) however for the purpose of this website IP Law can be best described as a set of rules & regulations protecting the legal rights (IP rights) of people who create or invent something. These rights relate to a Patent, Copyright or Trademark, depending on how the product is made, how it works or how it is identified. If any of these rights are violated (IP infringement), the person(s) or organization responsible is guilty of an offence.

It is important to know that in the case of some inkjet & toner cartridges, IP rights can be violated at various levels and may involve one or more legal actions involving a Patent, Copyright & or Trademark.

What is a Patent?

A Patent is granted for any original product being a device, substance, method or process. The owner of a Patent is legally entitled to commercially exploit the product for the life of the Patent. In the case of some inkjet and toner cartridges with inbuilt print head functions & or specialized design, Patents may apply.

What is Copyright?

Copyright is often thought of as protection against copying written works, computer programs and artistic works such as music CD's and movies. However, copyright can also apply in the case of print & toner cartridges if they are programmed to deliver or receive instructions to or from a printer, copier or fax machine.

What is a Trademark?

Also known as a brand or brand name, a trademark is a word, name, symbol, logo, device, or any combination, used to identify goods of one manufacturer or seller from goods manufactured or sold by others. HP, Canon, Epson, Lexmark, Xerox and so on are all Trademarks as are their respective symbols and other well known marks that we identify with them.

What is an Infringement?

The World Trade Organization (WTO) and World Intellectual Property Organization (WIPO) have developed what is called the "TRIPS" agreement to which many countries are signatories. Therefore, whilst IP laws may differ in various countries around the world, the TRIPS and related agreements govern the way IP laws are designed, including IP infringements.

An infringement occurs when a Patent, Copyright or Trademark is copied or used without authorization from the Intellectual Property Owner. An infringement is a criminal offence, is punishable by law and almost always allows for a jail sentence or heavy fines. This applies to individuals and companies.

Depending on the offence, infringements can be investigated by various statutory bodies including Police, Customs, Trade & Standards Departments and other bodies specifically setup to take action against counterfeiting operations. In additional to criminal actions, Intellectual Property owners can also instigate civil proceedings against the offender(s) for any damages and related costs.