On September 17th, the webinar What is the OEM Doctrine and why is important for avoiding trademark infringement in China? was held to explain the OEM Doctrine, review jurisprudence and recent cases, and give tips for companies.
Aaron Hurvitz from Kangxin Partner, PC, Daniel de Prado from HFG Law & IP and Gordiano Casas from Unitalen joined us as speakers and Andrés Grunewaldt from Silva was moderator.
In general, the exhibitors agreed on the evolution of the treatment of goods produced in China for the purpose of being marketed exclusively abroad, in light of possible trademarks registered by Chinese companies and citizens. The existence of a recent ruling by the Supreme Court has made it possible to clarify the situation in China and allow this type of activity, however, the issue is still controversial in some courts depending on the locality. In this context, companies that manufacture their products in China, but do not sell them in that country, should also have their trademark registered in China, and have the necessary documentation in case of facing problems in Customs.
You can access the recording at:
https://register.gotowebinar.com/recording/3377375774288526861
View recording
