A Study On The Trademark Infringemen Of OEM

With China's "manufacturing power" attitude stands in the world stage,on behalf of the processing industry has become a pillar of China's manufacturing industry,foreign OEM processing in China's Yangtze River region has been formed industry cluster situation.But it is such a vibrant industry,but because of the alleged infringement of trademark rights known as the "thorns rose." It is found that the focus of the controversy mainly lies in the following: whether foreign-related OEM processing behavior and export behavior belong to the "trademark use" stipulated in the "Trademark Law",and whether the trademark infringement is the trademark infringement,;Whether the confusion is a constitutive element of infringement;whether foreign-related OEM processing will cause loss of rights and interests to domestic trademark rights holders.The legislation of the Trademark Law in China,from the basic concept,to the basic principle,to the trademark infringement judgment legislative structure,are drawing on the European Union's trademark legislation model,so in the "foreign OEM processing" infringement,Should also use the EU's infringement determination method to ensure that the legislative,judicial uniformity.Moreover,the law is for the economy,social services,the law can not be divorced from the economic and political alone,so in the discussion of foreign-related OEM processing whether the infringement of trademark rights,not only legal theory,but also based on China's basic national conditions,Combined with the principle of balance of interests at this stage and the political and economic environment for comprehensive evaluation.Therefore,in line with the principle of balance of interests and the provisions of the existing laws and regulations under the premise of foreign-related OEM processing tort should be "should" attitude,but the well-intentioned infringers,if they do a reasonable duty of care,and its products can Proof of all the flow of overseas markets,do not squeeze the domestic market share of registered trademark owners,the domestic trademark exclusive rights and interests does not exist against the intentional foreign OEM processors,should be granted immunity from or corresponding to the corresponding liability.