Analysis On The Infringement Of Trademarks For Foreign-Related Oem Processing In China

The question of whether foreign-related OEM processing is trademark infringement has a long history,and this issue has been disputed in judicial practice as well as in theoretical circles.By clarifying the characteristics of foreign-related OEM processing and the deficiencies in my country’s legislation and law enforcement mechanisms,and by entering the keyword "foreign-related OEM processing" on China Judgment Documents Network for advanced search,it is found that in the Supreme People’s Court retrial "Honda" After the“Case”,there are more infringement judgments than non-infringement judgments in such cases;at the same time,it is found that whether in the theoretical circle or in judicial practice,the infringement is generally judged from the aspects of trademark use and confusion.This paper argues that branded processing constitutes infringement and needs to focus on two factors: trademark use and the possibility of confusion;for the concept of "trademark use",through the textual interpretation of Article 48 of the "Trademark Law",and the application of legal doctrine Methods,starting from the "Trademark Law" as a whole to understand what is trademark use,that is to say,the same understanding of trademark use and "use" in the trademark withdrawal system,and think that the OEM in the strict sense discussed in this article does not constitute a trademark use.As for the possibility of confusion,this paper believes that this factor should be considered in other situations except the case of "double identity" where the possibility of confusion is not considered.Our country has now become the second largest economy in the world,and has also made great progress in intellectual property rights.However,OEM still plays an extremely important role in my country’s economic development.From this perspective,the OEM in the strict sense discussed in this paper should not be identified as infringement.However,in judicial practice,it is still necessary to analyze specific cases.If a certain brand processing behavior satisfies the two factors of trademark use and possibility of confusion at the same time,it should still be determined as infringement.This paper advocates that the following measures should be taken to improve the dispute resolution mechanism for foreign-related OEM trademark disputes: first,redefine the scope of the relevant public;second,establish absolute confusion standards;third,clarify the use of trademarks and the possibility of confusion in judging trademark infringement Fourth,it advocates the establishment of a trademark infringement exemption system based on the duty of reasonable care.