Study On The Legal Nature Of Foreign-related OEM And Infringement Determinatio

As a large-scale manufacturing country,China is having a large number of private enterprises with foreign-related OEM as the main production.However,due to the particularity of this processing method,with the continuous improvement of the protection of domestic trademark register rights,there are direct conflicts between the ordering party and the domestic trademark owner.Beyond that,the manufacturers are rather in a more awkward and vulnerable position,requiring the protection from statutes and regulations.Therefore,how to define the legal character for foreign-related OEM processing,also how to evaluate the responsibility of relevant subjects in specific cases,has always been the topic of the academic circles and the judicial community.The solution to these judicial problems has a practical significance.The main structure of the article is divided into four chapters.The first chapter introduces the three most typical cases of the highest hospital controversial in recent years,combing the views of each typical case in the first instance and retrial stage,thus leading my country is currently dealing with three difficulties encountered by foreign-related fixed-handed processing cases,ie the identification of "trademark use","confusing the possibility theory" and whether to give reasonable obligation to process people.Subsequently,the author has related theoretical analysis in the second and third chapters of the article,in detail,detail the concept of trademark use and depth analysis of trademark use in rights maintenance,rights achievement and infringement system three different logic environments The difference in the identification standards is analyzed,and the relationship between 48 trademark laws and the principle of trademark geographic principles,and in the end,the author proposes that foreign-related fixed-handed processing should be identified as the view and theoretical basis for trademark use.In the third chapter,the author analyzes the world’s major countries and my country’s legislative case on confusion possibilities,and how to confuse the possibility theory,how to apply to the processing of foreign-related fixed-handed processing cases,relevant public identification and giving domestic Deep analysis is conducted on issues such as the legitimate identity of the processor’s reasonable payment of obligations.Finally,in Chapter 4 of the Full Text,the author describes the improvement of judicial dealing with judicial handling in my country’s foreign fixed-card processing cases,and proposes that the judicial referee should first clearly clarify the basic principles of domestic trademark rights,and combine the two levels of objective and objective.The establishment of the trademark use should be adhered to confusing the possibility theory as the basis for infringement determination,and the basic idea of how to construct a reasonable obligation system of domestic processing persons is put forward.