The Study Of Trademark Infringement Of China’s Foreign-related OEM

The status quo of China’s economic development determines the presence of foreign OEM, but associated with trademark infringement dispute has become one of the risk factors. The typical scenario is: the foreign OEM production process, if the OEM product is attached trademarks, and trademarks have been registered in the same or similar goods on the domestic identical or similar, then the OEM manufacturers tend to be subject to domestic registration trademark owner filed a trademark infringement allegations. Whether OEM manufacturers conduct constitutes trademark infringement, our theory and practice has always been a big controversy, such a large degree of uncertainty hindered the development of China’s ruling OEM industry. With the 2013 "Trademark Law" and the introduction of amendments to some interpretation of the article was published, it can be said direction gradually become clear, but still not issued a formal judicial interpretation. In light of this, the paper conducted in-depth analysis, and on this basis put forward their point of view.In addition to the introduction and conclusion of this article is divided into the following chapters: Chapter outlines the concept and the legal nature of the OEM, the decision by the two cases leads to the two opposite current OEM is an infringement of this issue different views and focus of controversy; the second chapter, a comparative demonstration outside the relevant provisions and case law, and similar provisions are summarized extraterritorial legal basis; Chapter III, analysis of the foreign OEM production of trademark infringement theoretical basis, including trademark protection imputation principles and elements of trademark infringement, focuses on the analysis, "the using" of trademark law and likelihood of confusion principle, questioned whether the trademark constitutes "use" should be different according to the role of objects and differentiated view that the OEM does not constitute a violation of the domestic trademark rights, and indicate inadequacies of foreign OEM trial practice exists; the fourth chapter, for delays and lack of our law, put forward to improve relevant laws and regulations and enforcement would like the system’s recommendations.