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Dez 09, 2014
Haoyu Feng, Chofn Intellectual Property, China
Jia Li, Chofn Intellectual Property, China

Nature of OEM Production in China


Haoyu Feng, Chofn Intellectual Property, China, Jia Li, Chofn Intellectual Property, ChinaDifferent countries hold different views on whether OEM (original equipment manufacturer) or pure production without actual sales constitutes infringement of trademarks. As China has grown into a factory to the world, numerous international entities entrust Chinese manufacturers with production for other markets. The nature of OEM production in China gets increasingly important. Through study of China’s recent cases and the newly revised Trademark Law, we hope to clarify this issue to some extent.
Provided that the trademarks attached to the OEM products are not owned by the international entities or the manufacturers, but are owned by other registrants or parties concerned, during the course of production or after production and/or during the course of storage and/or shipment, if the trademarks are used without authorization, can such use be deemed as infringement and incur fines or other penalties? Through the following three contradictory cases, we can see that different Chinese Courts hold different views read more