Research On Trademark Infringement Issue In Foreign-related Original Equipment Manufacturer

Original Equipment Manufacture(OEM)refers to an international form of processing trade,which domestic enterprises accept the entrustment of overseas enterprises,and produce in accordance with the agreement of both parties,attach the trademark,and export all the goods produced abroad.With the rapid development of international trade,OEM enterprises have grown rapidly,and it has driven the economic development,but domestic OEM enterprises have frequently encountered cases of trademark infringement disputes.At present,there is no consistent judgment standard for this kind of problems in judicial practice.At first,the court identified such cases as non infringement,and then identified as infringement,and then enterprises should do their duty of reasonable care.Until 2019,the Supreme Court identified the case of HONDA as non infringement.Because there is no uniform judgment standard,the judicial credibility will be reduced.I divided this passage into five chapters:Chapter one,it is the introduction of this passage.In this chapter,I mainly introduce the background of the topic,the purpose and significance of the research,the research status and summary at home and abroad,and the main research methods.Chapter two is an overview of OEM,we need to understand the basic concept and nature of OEM,as well as the changes of judicial determination,I collected typical cases of OEM processing from 2012 to 2020 in this passage,and analyzed the main points of dispute as follows:(1)whether the OEM behavior constitutes trademark use,and whether trademark use is the precondition in the judge of trademark infringement?(2)How to identify the likelihood of Confusion caused by OEM?(3)How to confirm that OEM enterprises have done their duty of Reasonable Care and is it reasonable for domestic enterprise to fufill this obligation?(4)How to confirm the Damage Resut in the process of OEM.In the chapter three,I discuss the issues related to Trademark Use,Trademark Use should be the precondition of trademark infringement,but the judgment of Trademark Use should be analyzed in specific situations,and it should be considered as a whole,as long as it can produce the function of identifying the source of goods,it is the Trademark Use.In the chapter four,I discuss the issues related to Likelihood of Confusion in the OEM,commodity transport links such as the operators of contact,there is the possibility of confusion.And with the development of e-commerce and the Internet,even if the infringing goods are exported abroad,there is also the possibility that they will return to the domestic market.Chinese consumers have a large number of people travelling abroad and spending money,there is also the possibility of contact and confusion for “branded goods”.In the chapter five,I introduce the damage result and the reasonable duty of care in OEM,although no actual loss has been caused,as long as the behavior of OEM makes people misunderstand the source of the goods,it may lead to the possibility of confusion.At present,there is a certain duty of care attached to the processing enterprises.If the duty of care is reasonable and moderate,it will help to promote the development and promotion of many low-end Processing Enterprises,which is also in line with the long-standing guidelines of the Supreme People’s Court.