China's Clothing Industry Watch Out For Infringement Traps

From the near future Garment manufacturing industry The backbone enterprises of China's clothing manufacturing industry adjustment The pace began to accelerate. What is more obvious is that Chen Dapeng, executive vice president of the China clothing association, said that although she did not get the listing, she was the first local women's clothing company to ring the door of the China Securities Regulatory Commission, which has positive significance for the development of the entire Chinese women's wear industry.

It is understood that it is the first case in the garment manufacturing industry to confirm the case of non infringement as a case. China is Live up to one's name Manufacturing power. According to statistics, more than half of the world's famous brands are produced in China. Chinese enterprises earn hard money in OEM, but that hard money is not easy to earn. They should always be on guard against foreign trademarks or patent traps. Recently, the Wuxi international trade company, which produces crocodile trousers on OEM, has encountered such problems. The company made a claim to the defendant to confirm the no infringement case and recovered justice.

　　 1. Export commodities are detained for alleged infringement.

Wuxi Ivor is a company specializing in clothing licensing processing business. Over the years, it has been entrusted with orders from South Korea's aive company and Han Heng Ji clothing Limited company. In January 29, 2010, Wuxi aive declared that she had exported a batch of cotton trousers to transport to Korea.

But it is such a mess that the goods processed by Wuxi Ivor can not be exported to Korea on time, and the processing contract can not be performed normally.

Wuxi aive believes that he has not infringed. Over the years, the company has made export garments according to the agreement, and its products have been sold overseas, and no one has been sold in China. Therefore, Wuxi aive has made a confirmation to the Pudong New Area people's Court of Shanghai. tort Litigation.

　 2, tracing the source, authorized processing has authorization.

Physical evidence is jeans. The retained jeans and the backside stickers show "CROCODILE LADES" (translated as crocodile lady's clothing), and the tag and water mark are marked with "Crocodile and map". The name, address and website of Heng Ji company are also listed on the tag, and are sold by Han Ji Ji, Korea raw materials, and China. This product is the product of Heng Ji Clothing Co., Ltd., and the products cooperated with the crocodile international agency Pte Ltd in technology and brand, and the brand authentication of Republic of Korea.

In addition, the authorized authorization of Wuxi aive directly from Han Heng Ji company has also been authorized by the company. In July 23, 2010, the Singapore crocodile company issued the letter of authorization. The Han Heng Ji company signed the authorization agreement with the company in April 23, 2007. The company confirmed that the company could authorize South Korea's Ivor and Wuxi Ivor to manufacture crocodile brand clothing for women, and all the crocodile women's garments and garments made or authorized by them can only be sold in Korea. The trademark that is authorized is the trademark and map marked by the above company.

At the same time, Han Heng Ji issued a confirmation letter to South Korea's Ivor, and said that it commissioned the company's processing and production style to be processed and manufactured at the Wuxi Ivor company. All crocodile brand garments manufactured must be sent back to Korea and no sales can be made in China. At the same time, authorized trademarks include "CROCODILE", "Crocodile and map" and crocodile graphic trademarks besides "Crocodile".

　　 3, the court's final judgment does not constitute infringement.

The defendant refused to accept the appeals company and appealed to the first intermediate people's Court of Shanghai, and put forward a reason similar to that of the court of first instance. The fact that the infringement of Wuxi's Ivory was obvious was that it had no right to make a claim for non infringement during the customs handling process; Wuxi AI had not been authorized to use the trademark involved in the case; Wuxi AI could not know that it had not sold the goods involved in China; Wuxi AI had not authorized the use of the appellant's registered trademark on the same commodity, violating its legitimate rights and interests.

The court of second instance held that the production behavior of Wuxi Ivor belongs to the act of foreign licensed processing. The trademark used in the production of the goods is legally authorized, and it has no subjective intent or fault in infringement. Moreover, the behavior of licensed processing of Wuxi aive company did not cause market confusion, nor did it affect and lose the crocodile company. Accordingly, a final judgment was made in July 15, 2011: the appeal was rejected and the original judgment was upheld.

In 80s and 90s of twentieth Century, most Chinese garment enterprises were mainly manufacturing industries. With the gradual loss of labor cost advantages, the increase in the cost of transportation and other expenses, and the appreciation of the renminbi, China's clothing industry is generally facing the pressure of transformation.