Setting up your Bazaar Business - Chapter 3 WHAT (do you want to sell) ? (Repost from Facebook)

First published : 26 February 2014 at 21:11

In Chapter 1, we explored some of the reasons WHY you want to set up a bazaar business.

Namely;

a)       Get rid of things that take up storage space, such as:
b)       Try out Entrepreneurship
c)       Strengthen your business
d)       Sell and showcase your artisan crafts and products
e)       Test market a new product you are launching
f)        Educate your children
g)       To raise funds for your cause

In Chapter 2, we explored some of the thinking behind WHO do you want to sell to?

Some examples:

• Families with kids
• Teenagers (14 to 18)
• Young adults (21 and above)
• Middle agers
• Courting or married couples without kids
• Single professionals
• Hobbyists such as toy collectors
• Ladies

This chapter we shall think about ‘What’ do you want to sell?

First and foremost, every bazaar and flea market organizer in Singapore has a wish-list for their merchandise mix. Some organizers are very strict in their curating, some are more liberal, and others are... ah well you can basically send anything you want to.

But, really … do you? Can you?

ONE)

First, you need to be sure that what you are selling is permitted by the authorities – please do a google search, and you’d also be as surprised as us! You actually need a permit from the police to sell some 2nd hand goods.

http://www.spf.gov.sg/licence/frameset_SD.html


SECONDHAND GOODS DEALERS

Regulation of Secondhand Goods Dealers
 1. Under the Secondhand Goods Dealers Act, Cap 288A, all dealers, excluding pawnbrokers who are licensed under the Pawnbrokers’ Act, who deal in the following secondhand goods (henceforth referred to as “scheduled goods”) would be regulated, regardless of whether such dealing takes place at a shopfront, via a makeshift stall or over the Internet:

1. Cameras, video-graphic and photographic equipment including lenses;
2. Computers including Tablet Personal Computers, Laptops, Palmtops, Personal Digital Assistants and computer accessories;
3. Handphones, Personal Digital Assistant Handphones and Smartphones;
4. Compact Disc players and Moving Picture Experts Group-1 Audio Layer 3 players and Moving Picture Experts Group-1 Audio Layer 4 players;
5. Jewellery set with precious stones including but not limited to diamonds, jade, rubies, sapphires and emeralds;
6. Jewellery made from platinum, gold and white gold without precious stones;
7. Pawn tickets;
8. Watches;
9. Cables and wires made of copper;
10. Items (in whole or parts) that are made of copper, stainless steel, aluminium, steel or brass or a composite of such metals, and that are used or intended to be used as fittings or installations that form part of, or are attached to, any building, road, sidewalk, amenity or other place (whether public or private), including but not limited to the following:
    1. bicycle racks;
    2. drain covers;
    3. dry risers;
    4. earth bars;
    5. fencings;
    6. frames or other parts of a door or window;
    7. grills;
    8. hydrants;
    9. lightning conductors;
    10. manhole covers;
    11. meters;
    12. over-ground boxes;
    13. park benches;
    14. pipes;
    15. railings;
    16. rubbish bins or parts thereof;
    17. signs or signposts;
    18. sinks;
    19. television aerials; or
    20. water taps; or
    21. Scraps of copper, stainless steel, aluminium, steel or brass or any composite of such metals, whether in the form of bars, rods, sheets, turnings or parts of disassembled items or articles, or otherwise, but excluding scraps derived from drink cans or household utensils or articles.

2. Dealers who do not deal in any of the above scheduled goods will not be regulated under the Secondhand Goods Dealers Act.
Privacy Statement       Terms and Conditions
 COPYRIGHT © 2006 SINGAPORE POLICE FORCE

As you can see, pre-loved clothes and handbags are not in the list, (that explains why we see a lot of these being sold at flea markets and bazaars :-)  ).

TWO)

Items that infringe on copyright and trademarks

http://bit.ly/1euFJqe

A.      What is copyright?

1. What is protected by copyright?
2. What is not protected by copyright?
3. Copyright and registered designs
4. Rights of a copyright owner
5. Term of protection
6. Legislation governing copyright

Copyright protects works like novels, computer programmes, plays, sheet music and paintings. Generally, the author of a copyright work has the right to reproduce, publish, perform, communicate and adapt his work. These exclusive rights form the bundle of rights that we call copyright and enable the owner to control the commercial exploitation of his work.

What is protected by copyright?
Copyright protects the expression of ideas (e.g. words and illustrations). Ideas alone are not protected.
The following may be protected under copyright law:

• Literary works (e.g., written works, source codes of computer programs)
• Dramatic works (e.g.,. scripts for films and dramas)
• Musical works (e.g., melodies)
• Artistic works (e.g., paintings, photographs)
• Published editions of the above works
• Sound recordings
• Films
• Television and radio broadcasts
• Cable programmes
• Performances

What is not protected by copyright?
Subject matter not protected by copyright include:

• Ideas or concepts
• Discoveries
• Procedures
• Methods
• Works or other subject matter that have not be made in a tangible form in a recording or writing
• Subject matter that is not of original authorship

Copyright and registered designs
When an artistic work, such as a drawing or a sculpture, is applied to a product and industrially produced (i.e. more than 50 copies of the products are produced), the copyright protection will no longer cover that artistic work. It may be protected as a registered design under the Registered Designs Act (Cap. 266), if the registration criteria are met.
For more information on registered design and its registration criteria, please see Registered Designs.

Rights of a copyright owner

Literary, dramatic and musical works

Authors enjoy the exclusive rights to:

• reproduce the work;
• publish the work;
• perform the work in public;
• communicate the work to the public; and
• make an adaptation of the work.

Artistic works
Artists enjoy the exclusive right to:

• reproduce the work;
• publish the work; and
• communicate the work to the public.

Published editions of literary, dramatic, musical or artistic works
The publisher has the exclusive right to make a reproduction of the edition.
Sound recordings
The producer of a sound recording enjoys the exclusive rights to:

• make a copy of the sound recording;
• rent out the sound recording;
• publish the sound recording if it is unpublished; and
• make available to the public a sound recording by means or as part of a digital audio transmission.*

* Where the sound recording is made available to the public through a non-interactive digital audio transmission, the producer of the recording shall be entitled to equitable remuneration. This remuneration can be agreed between the parties or determined by the Copyright Tribunal.

Films
The producer of a film enjoys the exclusive rights to:

• make a copy of the film;
• cause the film to be seen in public; and
• communicate the film to the public.

Television and radio broadcasts
The broadcaster enjoys the exclusive rights to:

• make a recording of the broadcast;
• rebroadcast;
• communicate the broadcast to the public; and
• cause the broadcast to be seen or heard by a paying audience.

Cable programmes
The producer of the cable programme enjoys the exclusive rights to:

• make a recording of the cable programme;
• communicate the cable programme to the public; and
• cause the cable programme to be seen or heard by a paying audience.

Performances
The performer has the right to authorise the following uses:

• allow the performance to be seen and heard, or seen or heard, live in public;
• make a direct or indirect sound recording of his live performance;
• make available a recording of the performance to the public in such a way that the recording may be accessed by any person from a place and at a time chosen by him;
• sell, rent, offer for sale, distribute or import such recordings for these purposes;
• publish a recording of a performance (if not previously published); and
• communication of the live performance to the public (including broadcasting, internet dissemination and inclusion of the performance in a cable programme).

"Communicate" means to transmit by electronic means a work or other subject matter, whether or not it is sent in response to a request, and includes:

1. broadcasting;
2. inclusion in a cable programme; and
3. the making available of the work or other subject matter in such a way that the work or subject matter may be accessed by any person from a place and at a time chosen by him (e.g. access over the internet).

Term of protection
The duration varies according to the type of copyright work concerned.

Literary, dramatic, musical and artistic works
70 years from the end of the year in which the author died.
If the work is published after the death of the author, it lasts for 70 years, from the end of the year in which the work was first published.

Published editions of literary, dramatic, musical or artistic works (layout)
25 years from the end of the year in which the edition was first published.

Sound recordings and films
70 years from the end of the year in which the sound recording or film was first published.

Broadcasts and cable programmes
50 years from the end of the year of making the broadcast or cable programme.

Performances
70 years from the end of the year of the performance.


Legislation governing copyright

The Copyright Act (Cap. 63) and its subsidiary legislation form the legislation governing copyright law in Singapore.
The latest legislation updates can be viewed here.
Questions? Write to us at ipos_ced@ipos.gov.sg
Last updated on 30-Dec-2013

B. What is Trademark Infringement?

http://bit.ly/1k7WPCd
Meaning of infringing goods, material or articles and counterfeit goods or trade mark

3.  —(1)  For the purposes of this Act —
(a) “infringing goods”, “infringing material” and “infringing articles” shall be construed in accordance with subsections (2), (3)and (4), respectively; and
(b) “counterfeit goods” and “counterfeit trade mark” shall be construed in accordance with subsections (5) and (6), respectively.

[20/2004]

(2)  Goods are “infringing goods”, in relation to a registered trade mark, if they or their packaging bears a sign identical with or similar to that mark and —

(a) the application of the sign to the goods or their packaging was an infringement of the registered trade mark;
(b) the goods are proposed to be imported into Singapore and the application of the sign in Singapore to them or their packaging would be an infringement of the registered trade mark; or
(c) the sign has otherwise been used in relation to the goods in such a way as to infringe the registered trade mark.

(3)  Material is “infringing material”, in relation to a registered trade mark, if it bears a sign identical with or similar to that mark and either —
(a) it is used for labelling or packaging goods, as a business paper, or for advertising goods or services, in such a way as to infringe the registered trade mark; or
(b) it is intended to be so used and such use would infringe the registered trade mark.

(4)  “Infringing articles”, in relation to a registered trade mark, means articles —
(a) which are used for making copies of a sign identical with or similar to that mark; and
(b) which a person has in his possession, custody or control, knowing or having reason to believe that they have been or are to be used to produce infringing goods or material.
[20/2004]
(5)  Goods are “counterfeit goods”, in relation to a registered trade mark, if —
(a) they are infringing goods in relation to that mark; and
(b) the sign borne by them or their packaging is a counterfeit trade mark.
[20/2004]

(6)  A sign is a “counterfeit trade mark”, in relation to a registered trade mark, if the sign —
(a) is identical with or so nearly resembling the registered trade mark as to be calculated to deceive; and
(b) is applied to goods or services —
(i) without the express or implied consent (conditional or otherwise) of the proprietor of the registered trade mark;     and
(ii) to falsely represent the goods or services to be the genuine goods or actual services of the proprietor or a      licensee of the registered trade mark.
[UK Trade Marks Act 1994, s. 17]

THREE)

Edible items

If you wish to sell food items at bazaars and flea markets in Singapore, please check with the respective organisers on the items you wish to sell. Any good organiser will would be able to advise you accordingly, for they would have to first acquire the right permits and licensing for their event to have food for sale.

Food safety in Singapore is governed by the National Environmental Agency (NEA) and the Agri-Food & Veterinary Authority (AVA)

1. The AVA is the authority that covers food importation into Singapore. If you are in the business of importing foodstuff to distribute in Singapore you would be very familiar with the requirements:  http://bit.ly/1hQLtlP
2. If you are in the business of making foodstuff for sale, take note: http://bit.ly/1dwVptf
3. If you are in the business of selling foodstuff at the bazaar, it would be to your advantage to know that your supplier is licensed to supply with you foodstuff that is safe, and the delicious snacks and ice cream they produced have been subject to both the AVA and NEA’s approval

1. It is also good for consumers to know that the foodstuff they buy from you are also subject to: http://bit.ly/1hwvC7H

Four)

Market consideration

Last but not least, A FEW IMPORTANT question you MUST ask yourself running a bazaar booth business:

Do I want to sell what I want to sell, or do I want to sell what people want to buy?
Do people want to buy what I am selling at prices that they are willing to pay, and I am willing to sell at?
Do the nature of my products allow for repeated sales to the same customers?
Do I want to compete with other vendors or are there ways for us to help one another out?
Do the bazaars have good organisers who can help me succeed in my business?
Am I willing to invest effort, time and resources to make my bazaar business a success?



In Chapter 4, we will share some thoughts on ‘How’ do you want to sell your wares?

Stay tuned!

An original article by TGIF Bazaars