| With the global economic integration and the The Belt and Road initiative continues to promote,international economic contact more and more closely.Under the background of global scientific and technological innovation,intellectual property has become an essential element for the survival and development of enterprises.As an import and export trade country,China has a large share of OEM processing products,and trademark infringement in OEM is also a key and difficult point.This is not only detrimental to the development of foreign economic relations and expansion of foreign trade,but also brings hidden legal risks to the development of domestic OEM enterprises.The article takes trademark infringement disputes arising from foreign trade in OEM as the breakthrough point,and takes the legal risk prevention and controlas a foothold.It puts forward early warning for the prevention and control of trademark infringement in processing enterprises,makes it set up a perfect risk prevention mechanism,and provides institutional incentives for the better play of the economic efficiency of knowledge.The article is divided into five parts.The first part is "Roadage" and "PRETUL" trademark infringement case,leads to the focus of controversy;the second part is the combination of other related cases of foreign OEM trademark infringement and the views of scholars,judges,legal analysis whether the foreign OEM trademark law and the use of trademark infringement;the third part is the related concept about enterprise the definition of legal risk prevention and control;the fourth part is to identify the risks of trademark law wind processing enterprises of foreign OEM production mode.This is the first step of enterprise legal risk prevention.And only identify the risk,it can be targeted for prevention and control;the fifth part is the trademark infringement in the prevention and control of risk identification on the basis of the proposed processing enterprises. |
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