The Study On The Problem Of Trademark Infringement In OEM Processing In Shanghai Free Trade Zone

China established a free trade zone in Shanghai, which is an important symbol of China’s further opening. OEM processing trade is an important way of China’s foreign trade, and it has a rapid development after the reform and opening. In the Shanghai Free Trade Zone, foreign-related OEM processing has become one of the core production and operation modes. Along with the unceasing development, associated with the trademark infringement and disputes are increasing, so regional OEM manufacturers face huge legal risks, and the overall image of Shanghai FTA is under threat. For example, in the process of OEM, due to the same or similar trademarks paste adhesive OEM processing is easy to be charged in the right of trademark infringement using. For trademark infringement in the production and operation mode of the free trade zone and the question of whether or not, there are two opposite views in our academic circles and judicial practice. For the foreign OEM trademark infringement behavior, whether it is belong to the lack of unified caliber finds is extremely unfavorable to the development of the foreign-related OEM industry Shanghai FTA and China. It will increase the legal pressure and risk of enterprise in the production and operation. In view of this, this paper will combine the practice of theoretical analysis, and try to put forward the author’s opinion.The article can be divided into 5 sections: firstly it is the introduction; the first chapter is an overview of the basic theory of the foreign OEM in Shanghai FTA, mainly define FTA, and the concept and category of OEM, and the legal relationship of the foreign-related OEM may belong to; the second chapter is the theoretical analysis of whether the Shanghai FTA foreign-related OEM belongs to infringement, and in view of the current scholars in the FTA foreign OEM trademark infringement dispute were analyzed, and it will also analyze the foreign scholars’ opinions on this issue; the third chapter is the discussion about the Shanghai free trade zone foreign-related OEM trademark rights and the legal status of the infringement, this chapter mainly analyzes the foreign-related OEM in Shanghai Free Trade Zone in the current legislation and the relevant trademark infringement practical difficulties and legal problems need to be solved; the last part of the article is in view of the current law of our country that is lagged behind and the problem of the absence of relevant laws and regulations, so as to put forward perfect suggestions, and tell the enterprise about the reasonable legal risk prevention.