By Lou Xianying(Cecilia), Sun Haoguang and Yuan Jiaqi King & Wood Mallesons’ Corporate & Securities group

lou_ceciliaSince the Supreme People’s Court (the “SPC”) handed down its retrial judgment (2014) Civil Retrial No. 38 on the “PRETUL Case”  , the question of “whether the use of a trademark on an OEM  product constitutes infringement” has arisen as a topic of heated debate in 2016. Although the SPC gave an answer to this particular case, it did not provide explanations on other subsequent questions, which are now facing people concerned. This article aims to address these questions by analyzing the SPC’s judgment on PRETUL and two similar cases handled by the Beijing IP Court.

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