Study On The Question Of The Product Liability For Trademark Licensor

OEM, means that brand owners design and develop new products by using their key technology and control sales channel, not produce product directly. The specific processing tasks are entrusted to other manufacturers which produce like products by contract order. And then brand owners buy out the ordered products at a low price, stick on their own brand mark and control sales channel. In this process, the manufacturers undertaking processing tasks are called manufacturers and their products are branded products. OEM, which is very common throughout the world, belongs to the generation of processing products. This new kind of production mode has its own characteristics. OEM has been in the mature stage through its long history of development. At present, OEM appears in most industries in our country. OEM enterprise has been specialized and presents the obvious regional characteristics.In recent years, product quality disputes which are caused by OEM commonly occur. And in the practice, the responsibility is not clear, and the unreasonable phenomena happen occasionally. So the issues about the quality of branded product should be emphasized. The Product Liability of OEM is out of social reasons and legal system reasons, as there are no related laws or judicial interpretations to offer special provisions in our country. And there are only some stipulations in related laws, however, in these stipulations, questions, like the identification of product, manufacturers and product defect, are contradictory. The implementation effect of law is not obvious. Current situation of legal regulation is not optimistic. And the value of law is difficult to achieve. Scholars and judicial workers also have different opinions on these questions, and a consensus can not be reached. In the world, many developed countries and regions advocate that strict product liability should be investigated, such as the United States, the European Union and Japan. There should be a certain theoretical basis to investigate the strict product liability. For the sake of our healthy and orderly development of industry, it is necessary to study the application of law for the quality of the product liability both on the theory and practice. Thus, building product quality responsibility system from the legislative level is necessary. And the unification of provisions in different laws and stipulation of strict product liability are also needed. In addition, in the judicial practice, it is necessary to specific responsibility the main body, imputation principle and responsibility, in order to protect the legal rights and interests of consumers.