Shift over OEM manufacturing

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Shift over OEM manufacturing

Case of the Year 2012: Ryohin Keikaku v TRAB

muji.jpg

The issue of whether manufacturing goods for a foreign market constitutes use of a trade mark for infringement purposes has been a major concern for companies that use original equipment manufacturers (OEMs) in China, and the recent Muji case may indicate a significant shift. In Ryohin Keikaku v TRAB, the Supreme People's Court rejected Ryohin Keikaku's opposition to another company's filing of its Muji mark in Class 24. Ryohin Keikaku's opposition was based on its prior use of the mark, which was limited to use on OEM manufacturing for export. The Court rejected it, saying that OEM manufacturing for export does not establish the required prior use and level of influence. Though the Court avoided the issue of whether the manufacturing constitutes use as regards infringement, it could have ramifications for those cases.

This case was selected as one of Managing IP’s Cases of the Year for 2012.

To see the rest, click on one of the cases below.

The 10 cases of the year

A fillip for the EU pharmaceutical sector

Relief for trade mark owners in red sole saga

Australian TV streaming service held to be illegal

Smartphone war hits front page in the US

Liberalising the EU’s software market

India allows parallel imports

Victory for fair dealing in Canada

Lacoste loses its trade mark in China

Google prevails in Android attack

EU test case clarifies class headings

Ten you might have missed

Canada: Ambiguous claims can invalidate patents

Russia: Certainty on parallel imports

Italy: TV formats win copyright for the first time

First FRAND cases litigated worldwide

Monsanto loses in Brazil

Data exclusivity backed by Mexican courts

China: A shift over OEM manufacturing

Authors in the US able to reclaim joint copyrights

Germany: Knitted trainers a sign of the future

India: Financial Times loses trade mark

more from across site and SHARED ros bottom lb

More from across our site

Nick Groombridge shares how an accidental turn into patent law informed his approach to building a practice based on flexibility and balancing client and practitioner needs
Clarivate’s Ed White discusses the joy of measuring innovation and why patent attorneys are a special breed
National groups for the UK and the Netherlands have flagged concerns with the choice of venue, following a formal complaint from Australia’s national group
Rasenberger is the CEO at the Authors Guild in the US
Vold-Burgess is the client director at Acapo Onsagers and the former CEO at Acapo in Norway
Williams is the CEO of the UKIPO in the UK
Orliuk is director of the Ukrainian IP office
Julie is chief IP counsel at Teva in the US
Ludlam is chief IP and litigation officer at Lenovo, while Maharaj is chief licensing officer for Ericsson in the US
Campinos is the president of the EPO in Munich
Gift this article