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A Study on the Trademark Infringement Problem in Relation with OEM

Author: FuDanHui
Tutor: LinXiuQin
School: Xiamen University
Course: Economic Law
Keywords: OEM Likelihood of Confusion Infringement of Trademark
CLC: D923.43
Type: Master's thesis
Year: 2009
Downloads: 280
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Abstract


With the development of OEM in our country,more and more disputes about the infringement of trademark are increasing.What’s more,some new types of cases concerning the infringement of trademark come out in some fields,such typical situation as like this:if the trademark,which is belong to the principal and affixed to the OEM products by OEM manufacturer,is identical with or similar to the trademark registered in China by the third party,the OEM manufacturer may be sued by the third party.Not only there were a big argument between the law scholars for Whether the OEM manufacturer infringes the trademark of the third party,but also the judicial practice in different courts is different.To some extent, this situation hampers the development of OEM in our country.In order to solve this problem,this thesis gives the solution to the problem by deeply analyzing the issue in theory.Other than the preface and the conclusion,this thesis is divided into 4 chapters.Chapter 1 first introduces the issue of infringement of trademark in the OEM briefly.The contents contain the definition,legal nature,character of the OEM and the category of the infringement of trademark in the OEM.Chapter 2 sums up the viewpoints of the theory circle and the judicial practice towards the infringement of trademark against using of the OEM manufacturer,and makes the point of the argument:disagreement with the constitutive elements of the infringement of trademark.Chapter 3 makes a comparative study on the legislation model of the different countries,and researches the history of the trademark,then suggests that we should take the "likelihood of confusion" as the benchmark for determining the infringement of trademark.Chapter 4 applies the conclusion of Chapter 3 to determine the OEM manufacturer’s acts,such as the act of affixing the sign to the OEM product, reproduce the trademark,and so on.What’s more,we also discuss how to protect the OEM manufacturer in food faith and analyze the reasons causing the infringement of trademark by the OEM manufacturer,then give the countermeasures on this basis.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Trademark law
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