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OEM means production on behalf of others. That is, it is produced by the original equipment manufacturer (=original equipment manufacturer), that is, OEM, and then sold under the brand of other companies. So it is also called OEM.

OEM is a common phenomenon in China. It can be understood that OEM is a big trend of separating production and sales in the international division of labor environment. However, relatively speaking, although the OEM avoids the distraction of many aspects of sales, it can focus on the production under the order, but it cannot share the value of the brand.

thus, in the international division of labor, it is actually different from the principal's subordinate position. The low profit rate, such as the Foxconn labor gate incident, can be understood as OEM, and the passive profit is low, which actually sacrifices the rights and interests of most workers at the bottom.

At the same time, the ratio of OEM phenomenon in electronic products is particularly high. For example, the notebook computers produced by Quanta, a famous OEM manufacturer, account for about 3% of the total number of notebooks in the world (in 25), while Quanta has no own notebook brand.

iSuppli, an p>IT data company, says that 86% of the laptops sold in the world come from China (data in August 26). But it is mainly produced in the name of OEM such as dell and Hewlett-Packard.

Attachment:

Analysis of trademark infringement in brand-fixing processing

Editing date: 25-12-2 9:46:33

Brand-fixing processing refers to the behavior that the entrusting party provides the trademark style or logo, and puts forward the product specifications and quality requirements, and the contractor processes the products as required. With the specialization of industrial production and the development of foreign trade, the licensing processing business has become increasingly active, and the trademark infringement has gradually increased.

There are various forms of trademark infringement in brand-fixing processing, but there are mainly the following:

1. In brand-fixing processing, the contractor sells the excess part of the processed quantity or the part returned by the entrusted party due to unqualified quality without the permission of the entrusting party, which is universal. The contractor often thinks that since the client does not accept this part of the products, considering the benefits of the enterprise, it will sell this part of the products, resulting in trademark infringement. For example, Fenghua Huada Security Equipment Factory processed the "Yongfa" brand lock for Ningbo Beilun Yongfa Safe (Group) Co., Ltd., but it was returned due to quality problems. Fenghua Huada Security Equipment Factory sold the returned locks to a third party without the permission of Ningbo Beilun Yongfa (Group) Co., Ltd.

2. In the OEM business, the entrusting party entrusts the contractor to mark other people's registered trademarks on the crops through one or more layers of resale processing without obtaining the permission of the registered trademark owner according to law. Once an enterprise in a certain link except the top level is seized by the industrial and commercial department, it will cover up its illegal behavior with the licensing processing agreement at the next level, deliberately creating its legal illusion. For example, the shirts of "Mengtejiao" and "Crocodile" processed by Fenghua No.6 Shirt Factory are entrusted by Hangzhou Dihuang Fashion Co., Ltd., which is entrusted by Taiwan Province Shengtu Clothing Co., Ltd. and Taiwan Province Yasen Enterprise Co., Ltd., and these enterprises are unable to provide legal trademark registration documents or use license contracts. Make use of this form of layer-by-layer entrusted processing to create legal illusion and carry out trademark infringement or counterfeiting registered trademarks.

third, trademark infringement in the form of foreign trade export. Some enterprises use foreign trade lists as a cover to process and produce international and domestic brand-name products. Because foreign trade business is involved, it is difficult and takes a long time to find out whether foreign businessmen are registered or legal users of the trademark and whether the foreign trade business really exists. Without conclusive evidence, it is difficult for the industrial and commercial departments to stop this behavior, so the violators use this time difference to carry out trademark infringement activities. For example, Ningbo Fengda Garment Co., Ltd. was commissioned by Li Guobiao, a salesman of Xiangshan Foreign Trade Company Ningbo Branch, to produce a batch of "crocodile" brand shirts. The parties concerned had woven and printed the trademark logo and clothing listing, but the processing business was suspended because Li Guobiao did not provide the foreign trade list.

The above-mentioned trademark infringements are widespread, which not only infringe the exclusive right of trademark registrants, but also disrupt the social and economic order. What is more serious is to deceive and mislead consumers and seriously damage their legitimate rights and interests. The existence of these infringements has its own living environment, and its reasons are also very complicated. Apart from the subjective reasons of the infringer, there are both the reasons of the trademark registrant, the influence of the consumers themselves, and the influence of the economic environment, but the main ones can be summarized as follows:

1. Lack of sound legal norms. Since the implementation of the Trademark Law in 1983, although it was revised in 1993, in the era of rapid economic development, various new situations and new problems have emerged. The Trademark Law only provides for trademark infringement in general, but it does not provide for the specific rights and obligations of the entrusting party and the processing contractor in the process of licensing, resulting in a lack of clear legal basis for investigating trademark infringement in the process of licensing.

2. The trademark owner or legal user is not aware of the protection of the exclusive right to use a registered trademark, with weak strength and improper methods. Although many enterprises or industries have jointly established anti-counterfeiting organizations, they have not been well United with government functional departments, judicial departments and consumer groups, and their anti-counterfeiting behavior is one-sided, localized and transient.

3. The supervision of law enforcement departments is not enough, and the case handlers are afraid of difficulties. Trademark infringement in brand-fixing processing, especially in layer-by-layer transfer processing and foreign trade processing business, involves a wide range and spans many areas, and it is difficult to investigate and deal with it, which takes a long time. Due to the restriction of local interests and other factors, it is difficult to fully implement the punishment. Moreover, investigating these cases requires advanced scientific means, reliable means of transportation, communication equipment and necessary financial resources. As the competent department of trademark, the administrative department for industry and commerce lacks funds and advanced means of transportation and communication in cracking down on trademark infringement caused great difficulties in investigation and evidence collection, and it is difficult to implement the supervision function on trademark infringement caused by brand-fixing processing.

4. The quality of the staff in the industrial and commercial departments can't keep up with the development of the current economic situation, and they lack specialization and comprehensive talents. Especially some professionals who know law, foreign trade, commodity inspection, intellectual property, accounting and finance, and comprehensive talents, who has comprehensive analysis, judgment and coordination ability and is familiar with various legal norms, often feel at a loss to start with the complicated trademark infringement cases.

5. the publicity of the trademark law is not enough. Some processing enterprises simply want to earn a small amount of processing fees, and their subjective desire is not to cause trademark infringement. However, due to their lack of understanding of the Trademark Law, they failed to strictly examine the qualification certificate and trademark registration certificate of the entrusting party when undertaking processing business, and only relied on the production plan and foreign trade list of the entrusting party to conduct brand-fixing processing, resulting in trademark infringement.

To solve the trademark infringement in brand-fixing processing, we should start from the following aspects:

First, improve the trademark legal norms through legislation. First, the entrusting party will provide the contractor with legal and effective trademark registration documents during the licensing process, and the contractor will review the relevant trademark registration documents as a legal obligation, which will be determined in the form of legal provisions. In the processing business, if a registered trademark is involved, the entrusting party must submit the valid trademark registration certificate to the processing party together with the processing business. When the processing party undertakes the processing business, it must strictly review the trademark registration certificate and other relevant materials provided by the entrusting party, and there are clear terms in the processing contract. After the processing business is over, the undertaking party should file the above materials for future reference. Second, the law gives the trademark supervision and administration department the right to require the contractor to provide legal and effective trademark registration documents within a time limit when investigating trademark infringement in the process of brand-fixing processing. If it fails to provide them within the time limit, it can be identified as trademark infringement or counterfeiting of registered trademarks. In this way, on the one hand, the contractor is urged to take the initiative to obtain and examine the trademark registration certificate according to law, so as to prevent the occurrence of infringement, on the other hand, it is also conducive to the administrative department for industry and commerce to identify and investigate trademark infringement in the process of brand-fixing processing in time.

second, it is necessary to continue to increase the publicity of the Trademark Law. Through publicity, we should not only make producers and operators know that there is such a law, but also know what the rights and obligations stipulated by the law are, what is prohibited, and what kind of sanctions should be imposed if it constitutes an illegal act. Because the overall quality of producers and operators in China is not very high, it is far from reaching the purpose of publicity and education by relying on a single announcement, several slogans and publishing several books and periodicals. We should organize training courses, lectures, knowledge contests and other means, and use television, newspapers, books and periodicals, picture books, desk calendars, cartoons, cartoons and other forms to carry out publicity and education, so that they can truly understand trademark laws. At the same time, producers and operators are encouraged to provide legal consulting services for themselves by hiring legal consultants to ensure the legalization of their own operations.

third, registered trademark owners should strengthen the management, use and protection of their registered trademarks, and establish and improve the trademark management system. The design, application, registration, printing, storage, distribution, use, alteration, transfer, licensing, transaction, export, processing contract, advertising and exhibition of trademarks should be strictly managed, and enterprise leaders should personally grasp and make decisions. At the same time, depending on the workload, arrange special personnel or part-time personnel to manage trademark work. Require employees to establish the concept of maintaining the reputation of trademarks, and mobilize employees to pay close attention to the information of trademark infringement in their daily lives and work, so as to form an atmosphere in which everyone protects the exclusive right to use registered trademarks of their own enterprises.

fourth, establish a comprehensive and all-round network system that combines self-protection of enterprises, administrative protection of industrial and commercial administrative organs, judicial protection of people's courts and social protection of consumers. Enterprises should set up special anti-counterfeiting protection institutions, and regularly send

the main information and related materials such as their trademark use license, the list and address of registered processing enterprises, etc. to the administrative authorities for industry and commerce and consumer groups in provinces, prefectures (cities) and counties where there may be infringement, so that they can keep abreast of the dynamic information of enterprise trademark use, so as to facilitate the timely detection and investigation of trademark infringement and counterfeiting of registered trademarks.

Fifth, it is necessary to improve the quality and hardware facilities of the cadres in the administrative departments for industry and commerce, and train and bring up a group of knowledgeable and capable comprehensive talents. It is necessary to ensure that the administrative department for industry and commerce has sufficient funds to investigate and deal with trademark infringement in brand-fixing processing, and at the same time, it is equipped with modern transportation and communication facilities to establish a powerful, comprehensive and responsive trademark information network system. Only in this way can we form a joint force to investigate and deal with all kinds of difficult trademark infringement cases in brand-fixing processing.

VI. Establish a patrol system and a liaison system, and strengthen the supervision of the administrative department for industry and commerce on trademark infringement in brand-fixing processing. The industrial and commercial offices shall determine some reputable and law-abiding enterprises as contact points of liaison officers within their respective jurisdictions, and the liaison officers shall conduct monthly inspections and set up inspection teams to conduct bimonthly inspections of non-contact enterprises. The enterprises inspected by the inspection team and those contacted by the liaison officers do not cross each other. The inspection team and liaison officers make use of the comprehensive functions of the administrative department for industry and commerce to supervise the big market and administrative law enforcement to conduct regular inspections on enterprises, and submit the trademark infringement cases found in the inspection to the centralized business line for handling.

VII. Strengthen the internal supervision mechanism of the administrative department for industry and commerce, establish the handling rules of "investigating a case to the end", and stipulate the time limit for closing the case according to the difficulty of the case. Give corresponding administrative sanctions to those who give up halfway or fail to investigate and deal with them according to law. Establish a cooperative network in the national industrial and commercial administration system, clarify responsibilities, and implement the responsibility tracing system.