INFRAÇÃO DE MARCAS NA CHINA: O PROBLEMA DO MODELO DE NEGÓCIO ORIGINAL EQUIPMENT MANUFACTURER – OEM

China's technological transformation has allowed the country to become a global industrial hub. Companies, seeking quick response and low costs, adopt the Original Equipment Manufacturer - OEM model, in which Chinese factories produce products with the customer's brand and export them to the brand's country of origin. However, challenges related to trademark infringement in China have affected trade negotiations as Chinese residents register foreign trademarks in bad faith with the aim of preventing the export of products. In addition to this, Chinese jurisprudence is contradictory on the subject, including cases in which the Chinese court understood that there will be infringement when the primary function of the trademark is present, as well as cases in which it understood that there will be infringement if there is the possibility of confusion or association between the brands.