OEM Brand Tort Dispute Distinction

In recent years, the OEM industry has obtained the considerable developm ent in our country, has gradually become an important way for enterprises of our country and the rest of the world, but there comes a rapid increase in the number of OEM, trademark infringement dispute. OEM side does not constitut e infringement, there are many differences in the various fields of our country.The focus of the dispute is mainly focused on:(1) for the regional principle;(2) there is no likelihood of confusion;(3) whether the trademark use;(4) the re is no damage. The principle of regional brand is the general provisions, but not absolute, trademark rights in OEM production, processing, transportation i n specific areas such as from "United Nations Convention on the international sale of goods" the provisions of the first paragraph of article forty-second give s a specific range of OEM processing within the enterprise; in no likelihood o f confusion, need comprehensive consideration of various factors, aims to analy ze the function of trademark to identify whether the practical effect, the OEM processing did not affect the domestic trademark rights of trademark right to pl ay the function of the trademark, there may exist the possibility of confusion.To constitute the "trademark law" must play its identification function, howeve r, to realize the function of condition is identified, OEM products to enter the domestic market, from which it cannot be identified as OEM Trademark Law on the meaning of the use of. OEM or damage cannot lump together, should be limited to OEM reasonable limits should comply with obligations, no dama ge, which is not tort.