Am I allowed to sell products from abroad in my online shop without any further approvals?
March 24, 2023 | 45,00 EUR | answered by Otto Ullmann
Dear lawyer,
I run an online shop and sell products from abroad there. So far, I have simply offered these in my shop without any further permits. Now I am concerned whether this is legally correct and whether I may be violating current law. I have already done some research, but I am unsure if I have understood everything correctly.
My situation is as follows: I import the products from abroad and sell them in my online shop in Germany. These are products that are not easily available or not available at all in Germany. I do not have direct approval or permission from the manufacturers to sell the products in Germany.
My concerns are that I may be infringing on trademark or copyright laws by selling products without the appropriate permissions. Additionally, I wonder if there are certain customs regulations or legal requirements that I need to consider when importing goods from abroad and selling them in Germany.
Therefore, my question to you is: Am I allowed to sell products from abroad in my online shop without further permissions? Are there specific legal requirements or permits that I need to obtain in order to legally distribute products from abroad? What risks do I face if I continue to sell products without permissions?
I thank you in advance for your help and advice.
Sincerely,
Wilhelm Kockel
Dear Mr. Kockel,
Thank you for your inquiry regarding the sale of products from abroad in your online shop. This issue is indeed complex and it is important that you educate yourself on it to avoid possible legal risks.
First and foremost, it is generally possible to distribute products from abroad in Germany. However, various legal aspects must be considered. In particular, trademark and copyright laws are relevant points. If you sell products without the manufacturer's permission, there is a risk of violating trademark or copyright laws. It is important to ensure that you have the necessary rights to distribute the products to avoid legal consequences.
Furthermore, customs regulations and legal requirements must also be considered when importing goods from abroad and selling them in Germany. It is important to familiarize yourself with the respective regulations and rules to ensure that you have all the necessary permits and documents.
To legally distribute products from abroad in Germany, you should therefore secure yourself as follows:
1. Make sure you have the necessary rights to distribute the products. Determine whether you need permissions from the manufacturers and if you may need to pay licensing fees.
2. Educate yourself on the customs regulations and legal requirements for importing goods from abroad. Make sure you have all the necessary documents and comply with customs regulations.
3. Regularly check your suppliers and ensure they do not offer counterfeit or legally questionable products.
If you continue to sell products from abroad without permissions, you face various risks. You could risk legal action from manufacturers or rights holders, which could lead to compensation claims or other consequences. Additionally, you could encounter issues with customs authorities if you do not comply with regulations.
I strongly recommend that you consult with a lawyer specializing in internet and computer law to discuss your situation in more detail and minimize potential legal risks.
I hope my explanations have been helpful and I am available for further questions.
Kind regards,
Otto Ullmann
Lawyer specializing in internet and computer law
