Study On Trademark Infringement Of Original Equipment Manufacture Export In China

In recent years,Original Equipment Manufacture Export trade plays an important role in our foreign trade,it has made great contributions to foreign exchange earning and employment in China.The issue of whether OEM causes trademark infringement has been controversial,and there are several different opinions on this issue.This problem not only causes a lot of trouble to the processing enterprises in our country,but also makes the law enforcement agencies confused,seriously affected the development of our country's Original Equipment Manufacture Export.In order to ensure fairness,I suggest that we must strictly check in the process of judging such cases and severely punish the act of trademark infringement under the guise of OEM.Trademark infringement should satisfy two elements simultaneously: use of trademark and likelihood of confusion.The real meaning of OEM is that the overseas client has legal trademark rights in the final country and all goods should sell abroad.In this case,although processing enterprises use trademarks,there is no possibility of confusion and cannot make up infringement.In the judicial practice,judges are required to make a fair verdict in the case of facts,and due to the complexity of reality,in order to reduce the occurrence of trademark infringement,domestic processing enterprises should fulfill the duty of care when they accept commissions.