A reflection from our legal experts
Miriam Yang, Senior Associate at Lusheng Law Firm (Rouse's strategic partner) is co-author of this article.
Due to the regional nature of trade mark rights, the rights of trade marks registered by original equipment manufacturer ('OEM') entrusting parties abroad can neither automatically be enjoyed nor exclude that vested in owners with identical or similar trade marks in China. If relevant trade marks have been registered by Chinese owners in the Intellectual Property Protection System of the General Administration of Customs of the PRC ('the GACC'), the OEM-related products may hurt these domestic owners during export declaration. Moreover, the OEM-related product might be detained by customs due to suspected trade mark right infringement. The latter event would be very costly to OEM entrusting parties abroad, trustees in China, and other participants, such as customs clearance agents (i.e., OEM operators). Read more