Intellectual Property Protection in China (Shanghai) Pilot Free Trade Zone-Judicial and Administrative Practice in Trademark Infringement of OEM

Trademark Infringement of Original Equipment Manufacturer (OEM) is an important issue in the China (Shanghai) Pilot Free Trade Zone. Such trademark infringement disputes arising from conflicts between the foreign client with foreign trademark rights and the domestic trademark owner with a similar trademark on the same or similar goods are arguable since the so-called “infringement” barely results in confusing or misleading the relevant people. However, court verdicts on this issue have been inconsistent. Furthermore, the customs department’s approach in determining infringement of OEM has been restricted by the narrow scope of interpretation of the relevant provision in the trademark law. Stemming from the differing approaches taken by the courts and the administrative authority, this article attempts to trace the root of the problems and suggest viable solutions.