International Oem (oem) In Trademark Research

OEM (Original Equipment Manufacturing), named as "Tie Pai Jia Gong" in Chinese, is also called "Tie Pai Zhi Zao" (OEM manufactures) or "Ding Pai Jia Gong" (brand processing). It belongs to the scope of internationally popular enterprise outsourcing areas. The typical way of OEM is as following: the manufacturers (trustees) who have original equipments manufacture products with their own equipments for the trustors under their request, then deliver the products affixed with trustors' trademark. There are no uniform international treaties or rules for the trademark issues of the OEM as of today, but the related convention rules and regulations in Trade-Related Aspects of Intellectual Property Rights Agreement, Paris Convention for the Protection of Industrial Property etc, particularly provide a guarantee for the OEM industry in the trademark registration and trademark protection field. Concerning international OEM trademark infringement, the majority of countries have their own domestic laws. The decisions on the issue of OEM trademark infringement become more complicated because of the different trademark infringement laws. Besides introduction and conclusions in this article, the following four chapters are: Chapterâ… concerns the definition of the OEM and its development history, also other related concepts concerned with OEM; Chapterâ…¢analyzes the regulations relative to OEM in international treaties and the rules ; Chapterâ…¢analyzes legal rights and obligations of various parties under the OEM contract, based on the analysis of court decisions and their legal grounds via several real cases, which took place in Guangdong, Jiangsu, Zhejiang and other provinces; Chapterâ…£analyzes the different applicable provisions of trademark infringement between China and U.S. through analyzing the regulations of trademark infringement in U.S., to provide some suggestion revising the corresponding rules of Trademark Law in P.R. China, and then give suggestion on revising Custom Law in P.R. China, based on the analysis on the different Custom rules governing the international OEM trade in China and U.S..