Research On Trademark Infringement Of International Orignial Equipment Manufacture

The background of the paper is relied on "China made" business model caused by globalization,in this business model,most of Chinese enterprises are authorized by foreign companies to manufacture in comparative lower price of labor.This business model,i.e.International OEM,of course,gives China an opportunity of development,however,it also brings lots of problems,one of the most significant problem is whether Chinese consignees have trademark infringement behavior in the circumstance that Chinese enterprises as consignees are authorized by foreign companies to do OEM(Original Equipment manufacturer),and all the commodities come back to foreign countries for sale but not go into China market.This problem arises when "China made" business model develops and a large amount of law suits in different courts arises,but there is still no a unanimous conclusion.In order to solve this problem,the paper mainly adopt comparative method and analysis method.Through comparing relative Chinese regulations with American,European Union,the paper gives suggestions according to China's basic conditions.The first section of this paper is to introduce the whole and basic condition of OEM and then to introduce China OEM trademark infringement in legislative aspect.Through research on trademark infringement standard and use of trademark,the paper gives readers a concrete understanding of OEM trade mark infringement in legislative aspect.The second section of this paper is to arise the issue that is under Chinese trademark law whether Chinese consignees have trademark infringement behavior in the circumstance that Chinese enterprises as consignees are authorized by foreign companies to do OEM and in order to solve this issue,the paper breaks it down to two sub-issues,one is behavior condition which is whether the behavior of Chinese consignee is the trademark behavior according to trademark law,the other is consequence condition which is whether the behavior of Chinese consignee is the trademark behavior according to trademark law.And then the paper analysis the cases and judgements over years,we may conclude that there are four kinds of judgments:infringement exists with compensation,infringement exists with compensation at discretion,infringement exists without compensation and no infringement.Via analysis,the paper give brief introduction of different views and attitude of this problem.The third section of this paper adopt comparative method to solve the problem by analyze how America legal system solve this kind of problem and do research on legal documents of USA,also analyze typical cases like Corning Class Work V.The Jeannette Glass Company,AmericanRice,Inc.v.Arkansas Rice Growers Co-op.Ass'n,and McBeev.Delica Co.,Ltd.to know how USA legal system to solve this problem.And then the paper analyzes how European Union legal system solve this kind of problem and do research on legal documents of European Union.Also the paper analyzes typical cases like Arsenal Football Club vs.Matthew Reed,Adam Opel AG V.Autec AG to know how legal system of European Union to solve this problem.The forth section of this paper gives suggestions about how to perfect the trademark infringement rules and legal practice.First,the paper suggests the likelihood of confusion problem in Article 57 of the PRC trademark law shall draw on the experience of TRIPS and trademark law of European Union in the condition that using a trademark that is identical with a registered trademark in connection with the same goods without the authorization of the owner of the registered trademark,there will not be any OEM trademark infringement in China Second,China,to some extent,ought to draw experience of America to go out of the principle of territoriality by adopting relevant theory to adapt with development of the global market.