Research On Trademark Infringement Issues Of Foreign-related OEMS

In recent years, China’s market economy continues to develop, and as theprocess of China’s growing economy and increasing international division of laborand cooperation, economic cooperation in many new models have emerged. Thelicensing process also produced in this context, and in all over the country,especially the rapid development of the southeast coast. Although from an economicpoint of view the licensing process is a producer, the Principal and the commonbenefit of the trademark owner mode of production, but also have a lot of legalproblems in its development process, the licensing process in that trademarkinfringement is one of them. For this issue, domestic academic and judicial practicedoes not always deal reached conclusion. Thus, although there has been a lot ofprevious research results for this problem, but I think on this issue for furtherresearch still has a strong sort of academic and practical significance.Text of this article is divided into five chapters, the first chapter of this modeof production and processing a brief introduction of foreign licensing, and leads toviolations of foreign licensing process to be discussed in this paper, and its internalcauses as well as domestic academic focus of debate this issue were Exploration.The second chapter of the domestic and foreign licensing of trademark infringement related to the judicial process to sort out the case, in order to find out the results oftwo different theoretical basis for infringement and non-infringement followed inpractice. The third chapter is the relationship between the "likelihood of confusion"and trademark infringement of the research, academia and the judiciary for adifferent view, and sort out the three different perspectives. The fourth chapter ofrelations "trademark use" and infringement of trademark research, the paper point ofview "trademark use" should be on the use of trademark law meaning, namely: inbusiness activities, will mark used to indicate the goods or services use sources.Next, for different academic and judicial attitudes at home and abroad, came outwith two different perspectives. Chapter five chapters on the basis of the previousresearch on the internal logic of "foreign licensing process in the use of the markconstitutes trademark infringement" combed clearly must "trademark use" injudgment in the process of trademark infringement and "likelihood of confusion" ofthese two factors to consider. Not constitute a trademark of use, and there is nolikelihood of confusion under the premise, not the use of foreign licensing processin the processing side of the mark identified as trademark infringement, and from anacademic to this conclusion explained.