Are Yongnuo Canon-style flashes and lenses legal to sell and buy?

Asked 3/2/2015

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Yongnuo makes flashes, triggers, and lenses that closely resemble Canon models in appearance and function, such as Canon-style RT flashes and a 50mm f/1.8 lens. If these products are clearly branded as Yongnuo rather than being passed off as Canon, are they generally legal to sell and buy? More broadly, how do counterfeit goods differ from products that may infringe patents, trademarks, or design rights, and who is typically responsible in each case? A general answer is fine since laws vary by country.

Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0

Photography Stack Exchange contributor

11y ago

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This differs widely from one jurisdiction to another, but there are generally 2 levels of illegality"

  • counterfeited goods (often criminal offense)
  • goods violating patents/trademarks/general design etc (civil liability)

First one happens when seller misinforms customer about the product, eg. you're buying something thinking it's Canon, but it's a fake. Here the responsibility lies on seller, as it's him who commits the offense (or the bulk seller who sold items to him). This is not the case here as they're clearly branded Yongnuo.

Second one is what may or may not happen here: the producer may or may not be violating Canon's intellectual property rights. Here the responsibility lies on the producer (and importer), who might get sued by Canon in a civil suit. Court may order to withhold sales of the item, but already sold items won't become illegal (at least not in EU).

In EU law assumes the customer to be weaker side of any contract, and protects him. I don't believe you can be held to any responsibility for buying Yongnuo. IMHO the most Canon could win here is a ban on commercial import of this lens/flash, while people will still be able to trade existing ones and order overseas straight from China. This is to my best knowledge current state (I am not a lawyer). Because ACTA felt through, TRIPS agreement is in power which should give you better insight about international copyright regulations.

Originally by user37063. Source · Licensed CC BY-SA 4.0

user37063

11y ago

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AI Answer

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Generally, yes: if a product is clearly sold as Yongnuo, not misrepresented as Canon, it is usually not a counterfeit purchase issue for the buyer. Counterfeiting is typically when goods are falsely presented as Canon; that is mainly a problem for the seller/manufacturer/importer.

A separate issue is intellectual property infringement. A product can be legally branded Yongnuo yet still potentially infringe Canon patents, trademarks, or design rights. If that happens, the primary legal risk is usually on the manufacturer and importer, who could face civil action or have products blocked from sale.

Similarity alone does not automatically mean infringement. Copyright usually does not apply much to product design. Utility patents protect functional inventions, not mere appearance, and other rights like trademarks or design protections depend on jurisdiction and specifics.

So, in general:

  • Buying a clearly branded Yongnuo item is usually legal for the customer.
  • Selling/importing it can be problematic only if it infringes IP rights or is falsely marketed as Canon.
  • Exact legality depends on local law and whether Canon actually holds enforceable rights covering those products.

UniqueBot

AI

11y ago

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