請教:這種彷製產品方法是違法嗎?

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garyp04
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請教:這種彷製產品方法是違法嗎?

請教:這種彷製產品方法是違法嗎?
在北美,也可以見到一些不良製造商,他們與大陸中國或台灣商人聯手,肆無忌憚地彷製OEM(如美國通用汽車)的產品。這些大都是ISO9002的公司,手法是所謂的 倒序製造 ( reverse engineering 指得到競爭者的產品後根據拆開的機件進行仿製 ),他們也不用OEM的商標,此外,這種公司既生產aftermarket產品 (但是,他們沒有花錢從OEM那裏買製造權,因而,也沒有OEM的證書), 也生產remanufacturing parts(即,舊的原裝另件的翻修品,同樣,他們沒有花錢從OEM那裏買製造權,因而,也沒有OEM的證書)。
我的問題是:
1.如果,OEM件沒有專利保護,上述不良製造商是否違法?
2.如果,這些aftermarket產品是百分百與OEM另件一樣(指外形,尺寸,因為,這些是可以通過測繪彷製),而且,他們沒有購買製造權,因而,也沒有獲得證書,上述不良製造商是否違法?
3.有人說,需要使彷製品有30%或更多的,實質性的不同,(指與OEM件不同)才算合法。這是依據什麼法律?(公平商業競爭法,商業秘密法,專利法?)
4.買製造權 是依據什麼法律?如何實施,如果不良製造商不買,會有什麼結果?

謝謝,

garyp04@rogers.com

2005/01/14

附:
http://www.thepartsbin.com/oem_vs_aftermarket.html
Toll Free 1-888-628-3247
Original Equipment Manufacturer (OEM) and Aftermarket Parts
You may have heard other parts companies and even our own sales staff say "we have an OEM part in stock." This refers to a part that is made by the same manufacturer as the genuine part you would receive from you local automotive dealer. Believe it or not most carmakers do not manufacture and produce the parts they use to build their automobiles. Most carmakers use outside independent companies to help them design the parts used in your car. Carmakers then put them in their own boxes with their logos to make you believe that you are buying a part that the carmaker made itself. This could not be further from the truth. How do these parts become available to companies like myself to be sold to the general public? After a certain time frame the actual manufacturers of these parts are allowed to sell them to other wholesale distributors for resale. This time however they come packaged in a box with the name of the actual manufacturer of the part. Its not an inferior part its just put into a different package and usually sold up to 70 percent cheaper than the dealer originally sold it for and continues to sell. In most cases the part will be identical with the exception of the packaging.
Aftermarket parts are just the opposite of OEM parts. These parts are produced by companies other than the original manufacturer but are made to fit and perform as well as the original. Aftermarket companies buy the rights to reproduce these parts and supply them to the same wholesale distributors as the OEM parts. These parts are generally produced with the same machinery and materials but because they were not designed in the same manner the part may have minor differences in appearance and feel. Some aftermarket companies, upon getting the right to produce a part, may indeed find a way to improve a part by redesigning it. This results in a better part and quite possibly a less expensive one. There are a variety of high quality aftermarket parts that can be purchased and live up to all the expectations of the original at a much lower price.
In both cases, OEM and aftermarket parts, the part should serve its purpose and perform the function it was designed for. As the car owner it is your choice that ultimately decides which part is chosen. By knowing these few things you can more easily determine which is best for you and your car. Remember in most cases buying a part from the carmaker or dealer does not mean you get a better quality part. The same part can be purchased at a fraction of the cost still give you that same piece of mind feeling.