China's OEM Jurisprudence 1.5 Years After the Pretul Case: OEM Use may Still Infringe

A year and a half after China’s highest court, the Supreme People’s Court (SPC), handed down its landmark judgment in the Pretul[1] case, the controversy surrounding the legal status of original equipment manufacturing (OEM) has not yet blown over. After the SPC ruled in the Pretul-case that OEM does not in principle infringe upon Chinese trademarks, the lower courts have taken a more pragmatic approach, and regularly deviate from this SPC jurisprudence on the basis of the concrete facts of each case. In other words: the dust on OEM trademark infringement has not yet settled in China.

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