Research On Trademark Infringement Issues In Foreign-related Oem Processing

Since the development of the epidemic in the previous year,my country has entered a period of stabilization of production and life.While my country emphasizes the "internal recycling" economy,it is undeniable that under the promotion of economic globalization,foreign-related OEM processing still occupies a place and has A booming trend.Although foreign-related brandname processing has been developing in my country for decades,while it is developing vigorously,it is also facing a series of legal issues,especially the issue of trademark infringement.As there has never been a systematic and detailed regulation of relevant laws,and there is no uniform judgment standard,the judicial organs of our country have been vague about whether foreign-related licensing processing constitutes trademark infringement.In this process,trademark use and confusion Theories such as possibility and the duty of reasonable care are used as reasons for the judgment.At the same time,those manufacturing companies cannot avoid risks well when seeking development.For all parties,a definite and legal judgment standard is ready to emerge.At the same time,the establishment of a definite and legal judgment standard can also play a good guiding role in the judgment of related cases at all levels of courts,which is helpful for maintaining the law.The value of certainty and predictability is also of great significance.This article takes the infringement of foreign-related OEM trademarks as the research object,uses empirical analysis,case analysis,etc.,to conduct research on the basis of consulting a large number of domestic and foreign materials.First,the article briefly discusses the conceptual types and legal nature of foreign-related licensing processing.Secondly,the article discusses the theoretical issues of trademark law involved in the processing of foreign-related brands from four major dimensions: subjective,objective,subject,and object,including the theory of confusion,trademark use,the duty of reasonable care,and the principle of territoriality,etc.,Which involves the enumeration and integration of some theoretical and practical viewpoints,especially whether it is considered to constitute an infringement and whether the trademark use is a prerequisite for the determination of trademark infringement.Thirdly,the article analyzes the theoretical and practical problems faced by foreign-related fixed-brand processing trademark infringement,and mainly points out the dilemma of the above-mentioned theory in the application of foreign-related fixed-brand processing trademark infringement.It also lays the foundation for the writing of the following suggestions for improvement.Foreshadowing.Finally,the article returns to the core thesis of this article,from specific aspects such as the specific determination of foreign-related brand-name processing trademark infringement,the strengthening of intellectual property border protection,the strengthening of enterprise internal control and standard implementation management and other specific aspects to provide perfect suggestions for foreign-related brand processing trademark infringement.