Right Basis of Trademark Infringement Claim under the Condition of OEM Export
Original Equipment Manufacture(OEM)export is a very important industrial development direction in China,and the customs system also provides border enforcement protection for intellectual property rights.However,if the overseas entrusting party has not registered the trademark in China,and the third party has the exclusive right to use the trademark in China,the behavior of the domestic manufacturer may have the suspicion of infringement.In balancing the protection of the rights of domestic trademark owners and promoting the development of OEMs,we should find a balance point acceptable to both sides.However,for a long time,there has been a certain logical contradiction between the judicial judgment viewpoint and the customs law enforcement after several changes,which has led to the existence of relevant disputes.Therefore,only by clarifying the basis of claim may we fundamentally solve the problem and balance the development of China's OEM export industry and the protection of trademark rights.
Original Equipment Manufactureright basis of claimidentify the product sourceconfusiontrademark infringement
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