On The Trademark Infringement Problem Of Foreign-related OEM

In recent years,original equipment manufacturer has a rapid growing in China.However,among the academic circle and the practical institution,there have always been considerable differences in the trademark infringement of original equipment manufacturer.Without clear and definite laws,the practical institutions have not yet come to a unified opinion whether foreign-related original equipment manufacturer infringe or not.From the perspective of the main constitute elements in the trademark infringement problem of foreign-related original equipment manufacture,by analyzing the related cases,as well as the exist provisions,to put forward a relatively rationalization proposal.The article is divided into four parts.The first part introduces the background of this paper,analyze the state quo of original equipment manufacturer in China and what effects trademark infringement problem of foreign-related original equipment manufacturer may have,and sort out the views of this problem from various circles.The second part based on the conception of foreign-related OEM.Then differentiate two related conceptions:parallel imports and ODM(Original Design Manufacturer).Combined with related cases for analysis of the controversial problems,and based on which,to analyze the legal nature of foreign-related original equipment manufacturer.In part three,in the perspective of the main constitute elements in the trademark infringement problem of foreign-related original equipment manufacturer,analyses it in four main constitute elements aspects.Analyze the processing party's reasonable duty of care,domestic trademark owner's malicious squatting behavior,the nature of the subject matter,the principle of the confusion on trademarkinfringement and the regional principles on trademarkinfringement,etc.It is believed that due to the regional characteristic of the trademark,the trademark owner's rightsare only valid in the registered country,and there is no legal system for the law to governing the use of a registered country outside the registered country.The act of attaching trademark on goodson the circumstances of foreign-related OEM does not constitute the "trademark use" in the sense of "Trademark Law" in China,either from the purpose of attaching the trademark to the processing party or the effect of the processing party attaching the trademark.The use of trademarks does of course not cause confusion to consumers.Therefore,foreign-related licensing does not constitute trademark infringement.The conclusion part summarizes the existing problems in our country's legislation and judicature on the basis of the previous article and puts forward some suggestions on the basis of the corresponding problems.