The Study On Trademark Infringement In International OEM

Since the case of the trademark infringement on Nike, in the theory and practice, debate on whether the international OEM is a trademark infringement will not stop. The dispute on trademark infringement of Nike judgment also didn't stop. From the trademark infringement judgment on Nike, if without the trademark owner's acquiescence, in the same commodity to use the same trademark, the defendant is in conformity with the provisions of the trademark law of 52 behavior of counterfeit trademark constituents. The defendant's conduct is trademark infringement of course. However, the defendant is according to the client's request who is the ownership of Nike in Spain to make the production of commodities labeled Nike trademarks. And all the goods will be delivered to the client in Spain. Whether the defendant on product using Nike trademarks does belong to the trademark use on behavior? Whether the logo is really play in entrusted with the delivery of products in the process of the trademark. The similar problems deserve further investigation. Trademark law system in my country, not only need study from the trademark law theory, but whether conforms to our country economy policy from the Angle of developing level. China is now the world processing factory. The international OEM business has become an important part of export-oriented economy. If According to the Nike brand of logic, Our extensive international OEM business belong to trademark infringement. All business Should stop violating. Whether this attitude does conform to China's current economic development level? The developed countries are beyond the level of protection of rights? Whether our trademark protection level is beyond the change of developed countries to the trademark protection level? In the background of the global financial crisis, in China's pearl river delta, Yangtze river delta of production, processing, a large number of workers unemployed collapse of the situation, whether our attitude in the process of international brand meets the attitude and spirit of The government and the communist party of China? These problems are worth further research.This paper based on the perspective of Nike trademark infringement. With the function of trademark, the basic function of the trademark, trademark infringement of judgment standard and scope of the use of trademarks for discussion, using the method of comparative law and sociology, learning from the foreign countries and organizations of the legislation and judicial precedents rationality, analyzed the system by function of trademark, the trademark infringement trademark use standard and scope. combining the theory of illegality and consequences, Put forward its own ideas on the controversial issues: (1) the international OEM using logo itself, because do not have the function of trademark, the logo is not on trademark; (2) international OEM in the use of mark to consumer behavior not confuse consequences, and does not constitute a trademark infringement; (3) international OEM in the use of the trademark logo on the significance of behavior is not used in the trademark law and the regulation scope. All these are my little academic value.This paper is divided into five parts except quotation. The first part of the case from Nike brand triggered. This part of the trademark infringement from Nike judgment, introduces the theory of ruling for different point of view, there is also introduced to the international brand in judicial process. The trademark infringement of Nike judgment of rationality, and put forward several more research value.The second part is the basic function of the trademark with international OEM. This section mainly introduced the basic function of the trademark logo merchandise is the source, lest consumer confusion. Also analyzed the international OEM in the nature, attached with a logo for delivery of products used in circulation, logo itself cannot labeled source of goods, do not have the function of trademark, the trademark of the trademark is not on the side, which does not constitute a trademark infringement.The third part is the trademark infringement judgments and international OEM. This part compared the standard of the Chinese and foreign trademark infringement, that the trademark infringement that caused by the consumers should be confused as the standard. Also analyzed the international brand in the processing of behavior due to the confusion caused by consumers have no cause of injury consequence of domestic trademark, processing of act doesn't constitute trademark infringement.The fourth part is trademark use scope and international OEM. This part of the use of trademarks and the scope of use of trademark abroad, this paper compares the use of the trademark in China should be limited within the scope of business. Through the process of international brand logo use behavior analysis, this logo in commercial use is not within the scope of use and not in the regulation of the trademark law and does not constitute a trademark infringement.The fifth part is an international OEM of economic policy analysis and countermeasures of China. This part of the main points of the weak economic foundation, low level of productivity, and the situation of international OEM in China's economy and the importance of enterprise development. Also analyzed according to the current situation of our country, our country should adopt a series of specific countermeasures.