A Research Of Trademark Infringement In Foreign-related OEM

As a result of economic globalization, China has gradually become the world’sfactory. Import and export volume in China has increased rapidly in which OEMprocessing enterprises play important roles. However, a series of trademarkinfringement lawsuit has been triggered while OEM is promoting China’s economicgrowth. So far, our trademark law has not yet made specific provision for thetrademark infringement in foreign-related OEM, which creates a controversialtheoretical circle and meanwhile, similar cases gain different processing results inthe legal practice. The processing results of cases in this kind which are made by ourcourts, not only affect the stability of the law enforcement in our country, but alsobring about a great shock to the OEM processing enterprises in China. There’s notmuch time to waste, the solution to the problem must be found as soon as possible.The court’s adjudication and the views of scholars in ourcountry afford us lessons that merit attention; we can also draw lessons from foreignlegislative experience. The author analyzes the problems of trademark infringementin foreign-related OEM, in order to put forward some suggestions for China’strademark law legislation and OEM enterprises.This essay could be divided into three parts: preamble, main body and conclusion.In preamble, the author made a briefly introduction of the present situationabout OEM, then described two opposite judgments in trademark infringement casesmade by domestic courts. In the following section, for further study of trademarkinfringement in OEM, I will summarize characteristics of participants and majorpoint of dispute in trademark infringement cases of foreign-related OEM.The text part is divided into three chapters:In Chapter One, corresponding to the introduction part, the author has definedthe legal relationship of foreign-related OEM, and makes an analysis from fouraspects concluding the use of trademark in nature, the principle of confusion, theimputation principles and responsibility of trademark infringement, in order toprovide the theoretical foundation for the research of trademark infringement inOEM below.In the Chapter Two, combining with judgments of relevant cases together withdomestic scholars’theory and foreign related view, the author make an analysis ofwhich a usage of trademark in OEM whether been equivalent to the " use oftrademark in nature "or caused the confusion of the relevant public, then studiedrelated trademark infringement in OEM under other conditions.In the last chapter, on the basis of study above, the author put forward somerecommendations on the solution to the problem for OEM enterprises and thedomestic trademark law legislation, in terms of the specification of trademark lawand avoidance of trademark infringement for OEM enterprises.In the conclusion part, the author makes a brief summary of the full text, andthen makes a conclusion that "the general foreign-related OEM does not constitute atrademark infringement".