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On Legal Regulation of Original Equipment Manufacture (OEM) Cooperation in China

Author: ZhangJing
Tutor: HuangYong
School: University of Foreign Trade and Economic
Course: International Law
Keywords: OEM Legal Regulation Responsibility for product quality Intellectual property rights Country of Origin
CLC: D922.295
Type: Master's thesis
Year: 2007
Downloads: 427
Quote: 2
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Abstract


OEM ( OEM ) is one of the main form of international processing trade , with the step-by-step refinement of the international division of labor and cooperation , generated in response to the development of the times . OEM as a form of economic exchanges and cooperation in the international trade , on a global scale widely used , but there are laws and regulations in China's development environment is still quite immature , lagging behind , between the legal provisions conflict with each other , as well as domestic enterprises lack of legal awareness and other issues , hindering the OEM to promote the development of China's foreign economic process . OEM associated legal issues and the legal system more systematic and comprehensive studies , trying to start a discussion to cause academic focus on this issue , try to improve the legal environment of China 's OEM . First of all, the author from the macro OEM concept , the legal character and legal relationship the general description on the basis of the inspection OEM generated by the double impact of China's economic development , pointed out the necessity of legal regulation on OEM . Furthermore, the authors , respectively, starting from the perspective of quality of products liability , intellectual property rights, as well as OEM products foreign trade , by induction , case analysis and other research methods for our OEM partners , involved in product identification and product defect law, trademark multi-angle analysis and patent infringement and legal problems in foreign trade rules of origin . Finally, the article on the legal issues raised , combined with OEM development , a number of recommendations , including: in the quality of products liability law , adding OEM cooperation considerations and requirements , modify the conflict between the specific provisions supplement , update and adjust the current Trademark Law , the legal provisions more specific and detailed provisions on OEM forms of cooperation to a legal basis ; enterprises should OEM intellectual property protection to take precautionary measures to strengthen the legal awareness ; unified exports and imports rules of origin, for different industries , were developed ranging from the level of the origin criteria , and modify the origin criteria for sensitive products ; strengthening public sector regulatory regime and guidance efforts on OEM .

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Foreign-related economic management Act
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