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WA Commercial Law - Import HIV Test Kits - Allowed to Sell in Australia?

Discussion in 'Commercial Law Forum' started by Shcentral, 29 October 2015.

  1. Shcentral

    Shcentral Member

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    I would like to import HIV saliva test kits from a medical company I am dealing with in China. The HIV saliva tests come with CE, ISO, FDA certificates. The will also have all instructions and legal warnings included in each test kit.

    My question is, can I import The HIV saliva tests with a chemical buffer, and am I allowed to distribute and sell them in Australia under Commercial Law?

    Thank you
     
  2. AnnaLJ

    AnnaLJ Well-Known Member

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    Hi Shcentral

    I'm am not sure this is entirely a commercial law question.

    The first thing you might want to consider, is whether there are any regulations or other legislative provisions against selling this type of kit in Australia, For example, it may be a product in a class that can't be sold to the open market and can only be made available via pharmacies or medical practitioners (these are just example off the top of my head, I have no idea what the situation is with these products). In this regard, a special licence to sell this product may be required.

    Secondly, assuming you have the right to sell this product. There may be minimum standards of testing that a governing body requires for these type of products before they can be sold. Again, this is something you would need to research.

    Thirdly, you may want to consider whether another party already has an exclusive licence to sell this particular brand of kit in Australia.

    Those a just a few thoughts I have as to some of the very basic ground work you could start doing your own research in before you even get into the specifics of commercial law and the terms upon which you start to sell these items.

    I hope this helps
     
  3. Shcentral

    Shcentral Member

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    Thank you Anna I appreciate your feedback
     

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