Placeholder image

Remanufacturing in China to end?

November 3, 2011

A change in Chinese patent law from first-sale doctrine may severely impact future remanufacturing in the region, with remanufacturers meeting today to discuss the issue. 

A source told The Recycler that the focus of the meeting discusses that first-sale doctrine does not apply to Chinese patent law, and thusly may render all remanufacturing in Zhuhai illegal regardless of the origin of the product.

OEMs have also argued that the “remanufacture (or re-construction) of patented products after their useable lifespan” is also protected by patent law, and may not be remanufactured for sale.

The meeting was organised to discuss the current situation regarding patent law and the developments proposed by Beijing’s National Government.

The meeting focused on first-sale doctrine, which allows a purchaser to sell, lend or give away a lawfully made copy of a copyrighted work without permission once it has been obtained. This means the copyright holder’s rights to control the change of ownership of a
particular copy ends as ownership has been passed to someone else.

However, the manufacturing of clones remains unaffected by the outcome or by first-sale doctrine.

Remanufacturers in Zhuhai intend to challenge the High Court decision before approval, and will be represented by the Zhuhai Printing Consumable Industry Association.

What do you think about the implications of this law change? Let us know in the comments below.

Categories : World Focus

13 responses to “Remanufacturing in China to end?”

  1. In a country like China that uses so many resources, the first-sale doctrine doesn’t make sense. Resources are limited so remanufacturing just makes sense. But from my point of view if there was a way to keep the cheap Chinese toner cartridges out of my market, I’d be more than happy. We see a lot of remans out of China, most of which are very poor quality.

    • The King of Toner says:

      Great Replies,

      Any company that buys Empties to Re-manufacture should be able to show where the Empties came from and where the Remans are going. Empties are considered waste and keeping waste out of landfills is a priority, whether its China, UK, Africa or USA. Enviroment,Jobs, Economy and many more Benefits. Too bad the OEMS didn’t think of Recycling sooner.

  2. Alan Castro says:

    Yes, anything that reduces the output of cheap cartridges from China is welcome but if I understand correctly and clones i.e. compatibles are unaffected by the lagislation, then we won’t see much change to the volume of painfully cheap toners flooding our market.

  3. John Wynn says:

    I hope the Chinese overturn this ruling. The very thought of using non Chinese remans is not good. We find the quality,price and service of Chinese companies eats the rest

  4. I think the next step will be banning the remanufacturing in Europe and then in the USA. This is the real chalenge!

  5. Xpert says:

    I think OEM and patent owners cartridges prices VS the Chinese compatible makers or even the Remanufacturers is Unbeleivable
    what we pay when we buy a new OEM cartridge is unfair against what we use of ink or toner powder
    Chinese have the good quality if not to match OEM
    so why pay the high price for Intellectual property?? all we need is some 100gram of toner or print or 5ml of ink to print
    come on guys be realistic when your car is empty of gas will you throw it away? recyle it? or Refill the tank
    Wake up please………………..
    I support the Chinese and everyone else when they are offering the replacment that we need.
    GO GO GO…

  6. Pavel Krasnov says:

    Supply of Chinese remanufactured cartridges is a big business for USA and Western Europe only while Eastern Europe, Latin America and other “emerging” markets are under prevaling dominant of new-made “compatibles”. All this staff looks like OEMs fight against remanufacturing at developed market while they cannot make anything over emerging territiories with their unfinished understandng of IP issues… We call it “short hands” in Russia.

    And if remanufactured cartridges are usually IP clean and environmentally friendly – the compatibles are “dirty” and infringing tens of patents, and they use new gallons of oil to make new plastic. Who aims Chinese patent law against legal (and green) remanufacturing while same big (of bigger??) “illegal” compatibles business is here? Sure this would be ridiculous decision if it will.

  7. Pavel Krasnov says:

    Dear Expert,
    I think there should be limits on copying. Absolutely agree with you that there should be alternative, but they are different. One is fake when something looks like OEM (with OEM shape cartridge with OEM color drum inside). Other is remanufactured cartridge with new toner inside.

    New compatible is like a woman that will look like your wife (sorry I do not your gender so I guess you are male), wiil come to your house and will ask to pay her bills, be tender, buy new furcoat – so everything that you pay for YOUR OWN WIFE. And you do not look for “made in China” label on back side? And is it fair price?

  8. As far as I know, more than 90% of the chinese cartridges are compatible clones so…banning those few remanufactured cartridges is silly and won’t make a lot of difference.
    I’d be happier when they start banning these environmental unfriendly clones.
    Besides that, the EU law sais that rebuilding a cartridge is equal to repairing a cartridge…no patent infringement involved here. I guess the chinese don’t like remanufacturing at all (because they havo to buy emties?)….

  9. Xpert says:

    how come the OEM should keep any right after we bought their products and paid money???
    unless they can offer us a better service then Remanufacturing by third party can be discussed

    come on wake up people

  10. mocha says:

    let people Works
    what is the problem for OEM they make a lot of money if they reduce their prices chinese will lose their markets

  11. Dermot says:

    Be careful what you wish for!
    Chinese remans are in most instances excellent. Some of their reman centres are state of the art facilities and way better than many of those that bag them.The fact is that the west cannot compete. I dont believe that much more than 30/40% of the original remanufacturers in the west are still remanufacturing.Biggies like Clover have eaten them up or they simply cannot compete on cost or quality.. Mmmm! I wonder if any of the big guys have sent their business offshore?
    Should the Chinese Gov’t close them down it will be a inconvenience as they will just move off shore just as many western companies did by moving their requirements/facilities to China.
    Guess what? If the Chinese move off shore they will probably produce them even cheaper. Labour costs, electricity and taxes etc in places like Vietnam and Cambodia etc are way cheaper than China and they are hungry to attract manufacturing businesses and are probably not too picky on adhering to the letter of the law when it comes to jobs creation

  12. John Albert says:

    please kindly inform if the compatible toner made in China will be stop subject to the new patent law or a first sale doctrine or a gear situations from OEM
    We are buying compatible toner for many years from China but since this rumors arrived we are concern
    Please kindly email your comments or suggestions
    John Albert

Leave a Reply