Anti-Parasite Laws in Denmark & the EU
You are always obligated to ensure that you are not complicit in receiving or handling stolen goods.
However, it is easy to unknowingly and unintentionally get caught up in the laws related to handling stolen property.
Today, you don’t necessarily need a greedy lawyer right away to get a rough idea of where you stand.
Artificial Intelligence (AI) like DeepSeek and ChatGPT often surpasses human intelligence.
These two new AI's are quite impressive and frequently agree on the legal insights they provide.
We recommend asking the same questions to both AIs to see if their answers align.
If you are a private individual, you should also be cautious.
If you are unsure or suspect that a shop is selling counterfeit products, we recommend demanding photos of the molds.
Or request videos showing fragments of the manufacturer’s testing or production process.
Such videos, for example, might be displayed on the shop’s Facebook page.
We believe you have the right to ask critical questions.
If you are in doubt, you can also ask the AI questions, for example, Question 1...
If you are an importer or retailer, here is some good advice:
Unfortunately, we also see unscrupulous parasitic actors in the retro industry.
Naive trust in a parasitic importer or ignorance does not exempt you from liability.
We recommend asking the AI questions, for example, Question 2 and 3.
Question 1
Anton is a manufacturer and creates a mold, which has been paid for by Alice.
Alice also has an exclusive agreement with Anton, meaning that Anton can only use the mold to produce goods for Alice.
Alice sells the goods in Denmark and the EU.
Bob also has products manufactured, but this happens through the misuse of Alice's mold.
Bob is an importer and sells the goods produced using Alice's mold to Per and Poul, who are dealers in Denmark.
Everyone is aware that the goods are produced in a high-risk country, where violations of others' rights occur and are virtually considered "legal" due to weak legal protection.
Neither Bob, Poul, nor Per investigate whether their sales or imports infringe on others' rights.
Alice has not given permission for the misuse of her mold or for the sale of goods produced using it.
The product manufactured by misuse of the mold is not protected by any patent, design, or pattern rights.
Alice notifies Bob, Poul, and Per that they are involved in the sale of goods produced by the misuse of her mold.
Alice claims that she is unfairly losing market share as a result.
Bob, Poul, and Per ignore Alice's protests and continue the import and sale in Denmark.
Technical investigations could likely prove that the goods Bob, Poul, and Per have sold are manufactured by the misuse of Alice's mold.
However, Bob, Poul, and Per will not voluntarily participate in an independent assessment to clarify the matter.
Legal questions:
1.] Which legal laws can Alice invoke?
2.] How strong is Alice's legal position?
3.] Are Bob, Poul, and Per obligated to take precautions as soon as Alice protests?
4.] What should happen with the goods that Poul and Per have naively purchased from Bob?
5.] Are Bob, Poul, and Per obligated to cooperate with Alice to determine whether the goods were produced using her mold?
6.] Does it exempt Poul and Per from liability if they blindly trust Bob's assurances that everything is legal and that they have nothing to fear?
Question 2
Alice has contributed significant technical expertise to the production of these goods, including:
1.] Specifications for production methods
2.] Fit testing
3.] Quality testing & improvements
4.] Tolerance requirements
5.] Troubleshooting and defect correction
6.] Without her technical input, production would not have been possible.
7.] Can Bob, Poul, and Per be charged with aiding and abetting in receiving stolen goods, and if so, under which provision?
These contributions are not trade secrets but are proven to be present in the final products.
Alice can prove that Bob, Poul, and Per are profiting from her technical expertise without authorization.
On this basis, does Alice have a legal claim against Bob, Poul, and Per?
New Grand Prix and Monza seats will not be available to other retailers in Denmark or the EU.
Except Puchverkstaden in Sweden.
Puchparts holds exclusive production rights and has paid a high price to secure them.
Unfortunately, based on experience, we know that jealousy will inevitably encourage parasitic actors to try and disrupt our business.
We must be prepared for legal battles with these parasites, which are costly and time-consuming.
Situations like this drain the enthusiasm from those driving the retro movement forward.
Below, You’ll Find Large Photos of Some of the Products That Puchparts Has Produced and Paid for the Molds For.
- Cylinder and Heads
- Seat and Frames
- Other Parts
Unfortunately, we must publicly inform about parasitic activities, as we, like supermarkets and other industries, face powerlessness in dealing with persistent counterfeiters.
According to the Brussels I Regulation (EU Regulation 1215/2012, Article 8(1)), multiple defendants from different EU countries can be sued together in one country if there is a sufficiently close connection between the cases.
