Research On Standards Of Infringement Judgment Of Foreign-related OEM Production

Under the trend of economic globalization,foreign-related Original Equipment Manufacture(OEM)production industry has played a huge role in the rapid development of China’s economy,which solves the problem of idle labor force and shortage of foreign exchange.Foreign-related OEM production boosts the economic development.Since the trademark right is regional,it may cause trademark infringement disputes when the trademark designated or authorized by the foreign enterprise is the same as or similar to a internal registered trademark,which category of the labelled product is the same as or similar to the category approved by the domestic registered trademark.With the continuous improvement of laws and legal theories in related fields and the deep understanding of foreign-related OEM production,China’s judgment on the legality of foreign-related licensing processing is changing too,which the processing companies are in trouble when they seek development.Establishing a legal and reasonable referee standard is beneficial to balance the interests of domestic trademark owners,domestic processing enterprises and overseas trademark owners,and is also conducive to maintaining the certainty and predictive value of the law.At the same time,a referee standard which is legal and reasonable can guide the courts to refer to such cases.The main cause of trademark infringement of foreign-related trademark processing is that the trademark rights are regional,resulting in certain trademarks belonging to several different subjects in China and other countries or regions.This is also products that someone has legal trademark rights manufactured in one country or region may be infringed upon the rights of other trademark owners in that country or region when sold to other countries or regions.Then the article is mainly to analyze several main considerations of the current foreign-invested trademark infringement referee,including the understanding of “the using of the trademark”,the application of the theory of “confusion possibility”,the regional principle of trademarks.Based on the foregoing analysis,the article examines and analyzes relevant laws and cases in Taiwan,England,the European Union and other countries and regions,and summarizes the experiences of it.Next,it introduces the current legislative status and judicial status of China’s current foreign-related trademark processing disputes.Through the analysis and summarization of typical cases,this paper explores the causes of the current legal provisions related to foreign licensing processing in China,which combined with the current value orientation of China’s economic policy and intellectual property protection.Through the analysis and description of the previous article,I propose my own amendments to the relevant laws concerning the infringement of foreign-related OEM production’s trademark processing trademarks combining with the characteristics of China’s economic development at the present stage.On the basis of the aforementioned legislation,the administrative organs and the courts can grasp the three major factors to form a “three-step” judgment step when actually handling foreign-related licensing processing cases.Step one: Judging whether the trademark of foreign-related brand processing is legally registered.Step two: Determine whether the defendant’s behavior causes “confusing possibilities”.Step three: Determine whether the processing party has fulfilled reasonable review obligations or other infringement circumstances.Through this,we can architecture such a layered thinking mode of thinking.