The Case Study On Trademark Infringement In Internationaloem

Since1996, OEM has become the most important contribution tothe balance of trade surplus. OEM promotes the economic developmentof our country. At the same time, it often makes enterprises in the risk oftrademark infringement. Our enterprises was commissioned to processproducts, attach trademarks and sold products abroad by the foreigntrademark owners. The academia debate on weather it constitutestrademark infringement when the foreign trademark owner’s trademark issame or similar with the domestic registered trademark using in the sameor similar goods. But it was treated as trademark infringement not only injudicial practice but also in administrative law enforcement. In fact, it isinappropriate. Therefore, a correct understanding of trademarkinfringement in OEM becomes necessary.This paper is based on three cases, made the trademark function asthe breakthrough point and analyzed the judgment standard of trademarkinfringement. Then I put forward the point of view, in order to make morepeople understanding of the legal issues faced by OEM in our country.