On The Identification Of Trademark Infringement In OEM Processing In Free Trade Zones

The establishment of free trade zone in a trade freedom and convenience at the same time,also can cause more complicated intellectual property infringement problems,especially within the free trade area foreign trademark infringement problem in foreign-related OEM.Before free trade zone was set up,OEM foreign trademark infringement in the problem,no matter in the judicial practice and theory study,has yet to form a unified conclusion.Its theoretical controversy mainly relates to what is the use of trademarks,confusing possibility,etc.this is the core problem in the study of the trademark law.And practice about the immediate interests of the many OEM manufacturers,the cognizance of the infringement or not is acceptable within the framework of the law based on acceptable legal framework and selection of national overall economic development needs,the enterprise must fully consider the influence of the enterprise is necessary based on the stability of laws and rules to make the appropriate response.This article first from the theoretical level,OEM analysis of classification and involved in the legal relationship,and from infringement and infringement of the typical case and theory,through empirical analysis summarizes the view of justice theory in our country,and on this basis,using the comparison method,compares the laws and regulations,such as the United States,the European Union and Taiwan to some basic questions of the foreign-related calm brand processing,a key is discussed,finally sums up the free trade zone judgment of whether OEM foreign-related trademark infringement should be combined with economic interests balance factor,provide advice on the relevant laws and regulations perfect.Specifically,this paper mainly includes the following four parts:The first part is the basic concept,this paper introduces the basic theory of free trade zone and OEM concept,classification,and analyze the OEM foreign-related legal relationship,lay a foundation for the later development.The second part is by analyzing the cases of judicial photogenic similar connection is the result of the different sentence,through empirical analysis,summarized the domestic and international status quo,OEM overview concerning foreign affairs involved related laws and the terms of the applicable conditions,and also the European Union,the United States respectively narrative rules,summarizes other countries and regions in the related field in the field of legislation,judicial experience,combined with theoretical analysis of domestic experts,OEM and deduce the trademark is the crux of the infringement.The third part is the criteria for recognition of the OEM from whether a trademark of"use" decide whether OEM,constitutes a "confused",and the customs authority conflict law enforcement difficulties OEM three aspects elaborated on trademark infringement problems.The fourth part is the solution for the front were the problem on the legislative,judicial,law enforcement,suggested that comprehensive consideration,from the"trademark law" and relevant judicial explanation regulation,intellectual property court establishing a free trade zone,customs law enforcement procedures and other aspects to perfect.