On November 26, 2015 a decision by China’s Supreme People’s Court on a trademark infringement case settled the long-running debate over the nature and legitimacy of trademark use by original equipment manufacturers (OEMs) in China. After two instances, the Shanghai courts confirmed that Jiulide had made no infringement in its OEM, and argued that OEMs would not necessarily lead to trademark infringement, reasoning that the main function of the mark is to distinguish the origin of products and services. Under normal circumstances, OEM refers to the situation where a Chinese manufacturer enters into an entrustment contract with an overseas company that owns the trademark(s), sometimes in China but in most cases, in other jurisdictions. China: Use in OEM Manufacturing Could Give Rise to Trademark Infringement | Fross Zelnick Lehrman & Zissu, P.C. By Janet L. Hoffman Honda Motor Co., Ltd. v. Chongqing Hengsheng Xintai Trading Co., Ltd. et al. (Sup. OEM manufacturing in China with a China trademark was clarified by a recent decision of the Supreme People’s Court of the PRC which held, on the facts of the case before it, that OEM manufacturing in China with a China trademark but solely for export did not infringe the rights of the owner of the China trademark. It is not right to regard “use of a China trademark in OEM manufacturing” as an exception to trademark infringement because this is against the basic principles of deciding trademark infringement. Trademark registration and protection is territorial and a trademark registered in a foreign country is not protected in China.
23 Oct 2019 “Made in China 2025” policy forced Supreme People's Court to Change Direction on OEM Manufacturing Exception to Trademark Infringement. 25 Oct 2019 By Jiao Hongbin and Liu Yuxin Under normal circumstances, OEM refers to the situation where a Chinese manufacturer enters into an China's SPC reaffirms that OEM does not infringe on Chinese trademarksIn a recent landmark decision, the Supreme People's Court (“SPC”) reversed the OEM (Original Equipment Manufacturing) also referred to as “label manufacturing ” or “label processing” in China involves a business model in which an
According to the Chinese Trademark Law, the question of bad faith is not technically relevant to the issue of infringement; any unauthorised use of the mark Trademark Law in the determination of damages for trademark infringement. 銆 €銆€Legal and Regulatory Background: Article 63.2 of the China Trademark Give me a Tonga trademark and I will lift the Chinese Customs: DonfFeng SPC Case confirms that OEM does not constitute trademark infringement in China 6 Apr 2016 The absence of registered trademark protection in China and other factual a garment OEM was found liable for infringing the NIKE trademark, Chinese courts typically treated OEM solely for export as a non-infringing act trademark infringement for OEM for export activities under China's Trademark
21 May 2019 The position of whether original equipment manufacturing (OEM) constitutes trademark use in the context of trademark infringement is now 21 Jan 2016 As trade mark rights are territorial, there is the risk that OEM use infringes the Record statutory damages for trademark infringement in China. 1 Sep 2017 Trade mark litigation in China: overviewby Erica Liu and LianYunze, Hylands Law Firm Related What limitation periods apply to registered trade mark infringement actions? Does OEM constitute trademark use in China? OEM (Original Equipment Manufacturing) also referred to as “label manufacturing” or “label processing” in China involves a business model in which an overseas product owner (“consignor”) engages a domestic manufacturer (“consignee”) to manufacture products on which a foreign trademark owned by that consignor will be labelled. OEM manufacturing and Trademark Infringement. First of all, China is a first to file country, where IP rights are owned by those who register them first. Trademark Infringement of Original Equipment Manufacture (OEM) For Export in China Jung Mei Chu 1 Jianq Chyun Intellectual Property Office China has been known as "the world's factory." Original equipment manufacture (OEM) is thus very common in China. Due to the popularity of OEM, some trademark infringement issues arise in China as well as in Taiwan. For example, a
After two instances, the Shanghai courts confirmed that Jiulide had made no infringement in its OEM, and argued that OEMs would not necessarily lead to trademark infringement, reasoning that the main function of the mark is to distinguish the origin of products and services. Under normal circumstances, OEM refers to the situation where a Chinese manufacturer enters into an entrustment contract with an overseas company that owns the trademark(s), sometimes in China but in most cases, in other jurisdictions. China: Use in OEM Manufacturing Could Give Rise to Trademark Infringement | Fross Zelnick Lehrman & Zissu, P.C. By Janet L. Hoffman Honda Motor Co., Ltd. v. Chongqing Hengsheng Xintai Trading Co., Ltd. et al. (Sup. OEM manufacturing in China with a China trademark was clarified by a recent decision of the Supreme People’s Court of the PRC which held, on the facts of the case before it, that OEM manufacturing in China with a China trademark but solely for export did not infringe the rights of the owner of the China trademark. It is not right to regard “use of a China trademark in OEM manufacturing” as an exception to trademark infringement because this is against the basic principles of deciding trademark infringement. Trademark registration and protection is territorial and a trademark registered in a foreign country is not protected in China. In view of the above, it is good news for foreign companies which have Chinese OEM manufacturers that their risk of trade mark infringement in China is ultimately small, provided that it’s a “purely OEM” situation (meaning that there is no noticeable level of Chinese domestic sales/promotion of the branded products). Even if the trademark in OEM is not registered within China, it shall not be deemed as trademark infringement so long as OEM achieves the following conditions: a) the goods of OEM enter a market where the trademark in OEM is legally protected, (i.e. the commissioning party owns trademark registration in the export destination); b) all the goods