The Research Of The Trademark Infringement Of OEM

Disputes on the infringement of trademark associated with the foreign OEM have beanincreasing during these years,with the foreign OEM’s development in our country. In somefield, new type cases of trademark-infringement by OEM even appears, the typical situationof which as follows: if the trademark, that belongs to the principal and is affixed to the OEMproducts by OEM manufacturer, is identical with the trademark registered in China by thethird party or similar to, the OEM manufacturer may be sued by the third party for theinfringement of trade mark. There was a wide gap of viewpoint, not only in academia but alsoin practice, on the question wether the OEM manufacturer infringes the trademark of the thirdparty in that condition.This situation, to some extent have obstructed the development ofOEM in this country. To this question, in this thesis we analyze the issue deeply in theory, andthen put forward my own viewpoints.This thesis is composed of the preface,4chapters and the conclusion. In the first chapter,we depict two different standpoints on the question wether OEM constitutes a infringement oftrade mark by presenting two cases end up with completely opposite judgments. Besides, weindicate the arguments between those two, and the internal and external reasons bring thosetwo to such arguments. Then, we narrate the conception and legal character of OEM in thenext chapter. In chapter3, after analyzing the conception “use” within the brand law, we argue,taking the introduction of the principles likelihood of confusion and interest balance intoaccount, OEM not constitute a infringement to domestic exclusive use of brand. Based onaforementioned depiction, we bravely advance some legislative proposals to amelioratecurrent brand law with aforesaid lags and defects. At the same time, we, with the best ofintentions, advise domestic manufacturers expertise to control the risk in this dilemma.