Trademark Infringement Judgments and Restriction of OEM Production in China

Purpose : There are frequent cases in which foreign companies or individuals unfairly infringe on trademarks that are not registered abroad. In particular, in the case of OEMs, trademarks are maliciously pre-registered in China by those illegally seeking profits. Research design, data, and methodology : This paper analyzes the unauthorized possession of trademarks and infringement of trademarks in China, focusing on OEMs and based on Chinese law and court rulings. Results : When Korean companies infringe on trademarks, effective government-level measures should be devised to minimize damage to companies and respond to disputes. Conclusions : Cases of trademark infringement due to malicious trademark registration in China frequently emerge, which is a problem. In particular, because this results in the seizure of export products due to infringement, trademarks should be registered first in China.