Research On Foreign OEM Trademark Infringement

OEM emerged from the late1970s to the1990s, which had made a significantcontribution to the rapid development and growth of the Chinese economy andpromotion of the employment rate of Chinese enterprises. However, under the impactof the financial crisis, many theorists and practitioners called for the legalization ofthe foreign OEM in the tides of trade enterprises transformation upgrading. So,foreign OEM trademark dispute has once again become a public concern focus. Theforeign OEM alleged infringer phenomenon frequently shows the urgent need to solvesuch problems. But its root is fuzzy and omissions on China’s trademark legislation,there is no likelihood of confusion theory introduced. Therefore, I believe that it isnecessary to discuss the topics of foreign OEM trademark. This article compares andanalyzes the processing differences of foreign OEM trademark infringement case withwork practices, learns from international practice, and it uses the likelihood ofconfusion theory to explore our attitude which should be held by the foreign OEM. Italso points out the legislation defects of domestic trademark protection system, andtries to resolve the bottleneck problems which plague the industry healthydevelopment of China’s foreign OEM currently.The Text is divided into three chapters:In Chapter1, it deeply analyzes of the legal connotations of foreign OEM todefine the legal relationship of the foreign OEM so as to lay the theoretical foundationfor the solution of the problem. In Chapter2, it uses trademarks, trademarks geographical principle andlikelihood of confusion to clear that the trademark attached behavior does not belongto the use of the trademark in the trademark law sense. It would constituteinfringement only used in the domain of trademark with the trademarks territorialprinciple. Then it introduces the domestic and international mainstream thinking andpractices, discusses the premise of the foreign OEM trademark infringementdetermination. The final conclusion is foreign OEM processing side’s behavior shouldnot be identified as trademark infringement.In Chapter3, it mainly analyzes the previous corresponding legal advice, clearsstatutory conditions identified non-infringement of the rules. First, it is pointed outthat the principle of likelihood of confusion should be explicitly introduced in the"Trademark Law", and it is also need to clear that the "trademark use" of "for thepurpose of sales" in domestic and define it through judicial interpretation with thepremise of unmodified legal, in order to completely solve the flourishing situation oftrademark infringement affirmation; Secondly, it is recommended to further improvethe other relevant provisions of the foreign OEM in order to meet the revisedtrademark Law.