Empirical Study On OEM Trademark Infringement

With the rapid development of the export processing industry in China,Original Equipment Manufacture(OEM)has become an important international trade method for Chinese enterprises and the world,but the number of OEM trademark infringement disputes is also increasing rapidly.At present,there is a great dispute between the judicial and theoretical circles in China on the infringement of OEM behavior and its judgment principle,so that sometimes there will be different judgments in the same case,which not only makes the SMEs in the risk of infringement of OEM foreign trade,but also gives the court Judicial trials and the administrative law enforcement of customs have brought about a dilemma.Therefore,it is extremely urgent to solve this problem.This thesis includes five sections apart from the introduction and the conclusion which are as follows:In section one,starting from the definition of OEM concept,the basic theory of OEM is summarized through four aspects:OEM legal relationship,constituent elements and theoretical differences in current academic circles.In Section Two,only by looking at the essence through the phenomenon can we grasp the key to solving the problem.Although it is difficult to find universally defined international treaties or extraterritorial experience,it is possible to conduct in-depth research based on the legal basis theory of OEM infringement judgment.The author hopes to draw on the study of the basic theory of trademark infringement outside the domain and guide us to find the applicable principles for the regulation of OEM trademark infringement.In Section Three,it is an empirical study on OEM trademark infringement in China.Firstly,the purpose,method and object of the investigation of OEM trademark infringement are clarified,and then the status quo of trademark infringement in OEMs in China is started.The library of "no-suit lawsuit" and "trademark infringement" is used as the key word in the "no lawsuit case" library.All the OEM cases,and the screening and summary,summarize and analyze the data of the OEM case,sort out the data of the previous empirical research,draw the conclusions of the survey data of OEM trademark infringement cases in China,and summarize the phenomenon with the chart explain.In Section Four,summarizing the problems highlighted by the empirical research conclusions and analyzes the main reasons,that is,the inconsistency of the applicable principles.Corresponding to the conclusion,the problems can be found mainly in the following three aspects.First,the application of the court's judicial judgment on the application of OEM trademark infringement is not uniform.Secondly,the principle of applicable law enforcement for OEM export products is not clear.Finally,at present,China The legal rules for OEM trademark infringement do not continue.Through the typical case,the court analyzes the judgment points of the OEM and comprehensively explores its applicable principles,with a view to clarifying the applicable principles of OEM trademark infringement.In Section Five,it puts forward suggestions for perfecting the regulation of OEM trademark infringement in China.From the perspective of judicial trial of the court,the principle of application of OEM trademark infringement should be clearly defined in the judicial interpretation,and the case analysis method should be adopted to make a specific analysis of the specific case,and the referee should grasp a certain scale and finally introduce it according to each applicable principle.The typical case guides the judiciary;from the perspective of customs administrative law enforcement,it can learn from the applicable principle of the OEM in the judicial trial to judge whether the export product is infringing,and establish a database shared by the court and the customs.Second,the customs also needs to withdraw the domestic contract processing or export enterprise.The relevant supporting materials shall be filed;in the end,when the domestic contract processing party accepts the overseas orders,it shall,in accordance with the principle of reasonable review of the duty of care,reasonably avoid the domestic well-known trademarks and respect the intellectual property rights of the trademark owners in China.