Seminar of Identifying Trademark Infringement in Foreign-Related OEM Held in Zhejiang

 

In order to unify the standards of IPR law enforcement and promote independent IP innovation of enterprises in Zhejiang Province, Zhejiang Higher People's Court and Zhejiang Administration for Industry and Commerce jointly hold the Seminar of Identifying Trademark Infringement in Foreign-Related OEM recently. Xu Jie, Vice President of Zhejiang Higher People's Court and Ma Bowei, Deputy Director of Zhejiang Administration for Industry and Commerce participate in the seminar and deliver speeches.

Through analyzing detailed cases, participants have full exchanges and discussions on the legal attribute of foreign-related OEM, the nature of trademark utilization and whether mixed use of trademarks is the important condition of trademark infringement at the seminar. After the seminar, Zhejiang Higher People's Court will continue to launch earnest researches on related issues with Zhejiang Administration for Industry and Commerce, striving to reach consensus and make seminar summaries to provide references for the courts and administrations for industry and commerce of various levels in Zhejiang during their judicial and administrative law enforcement.

More than 20 people including heads of IP tribunals of Zhejiang Higher People's Court and some intermediate courts, and representatives from related departments of Zhejiang Administration for Industry and Commerce and local administrations for industry and commerce attend the seminar. Meanwhile, the seminar also specially invites heads of related departments of Zhejiang Provincial People's Congress, the Legislative Affairs Office of Zhejiang People's Government, Zhejiang IP Administration and Hangzhou Customs.

Zhejiang is an economic power in China with advanced manufacturing industry. OEM occupies a large proportion of its manufacture industry. However, statistics from Ministry of Commerce show that the proportion of exported products with independent brands in Zhejiang Province is no more than 10 percent. During the process of administrative law enforcements and judicial practices in recent years, disputes of trademark infringements caused by OEM emerge constantly. Owing to the diversified forms of OEM, divergences still exists between the people's courts and administrations for industry and commerce in terms of how to identify trademark infringements in OEM. The seminar will play an important role in strengthening law-enforcement coordination, unifying law-enforcement standards and making joint efforts in trademark protection in the work of IPR protection of Zhejiang Province.

2013-07-17