If you are sued for infringement of OEM processing, you must first find out whether it is an infringement and whether the other party has exclusive rights to the patent. If there is any infringement, we must actively take responsibility and reduce the damage.

The details are as follows:

1. It is necessary to find out whether the infringement is really infringed. This is the top priority when responding to a lawsuit. First, you must find out whether the other party really has exclusive rights. Sometimes, the other party’s exclusive rights are no longer protected by law due to failure to pay annual fees on time, or the other party’s exclusive rights are no longer protected by law. There are certain problems with the patent, the patent does not meet the conditions for patent application, etc., which all require review. Secondly, you need to compare your product with the patent, paying special attention to the technical features in the patent. If your product does not meet these features, it can be used as a defense for non-infringement;

2 , If it is really an infringement, you must actively bear the liability for the infringement. Generally speaking, you need to stop the infringement, eliminate the impact, and compensate for the losses;

3. For alleged infringement, it is recommended to entrust a professional lawyer to handle it , after all, professional lawyers have a clearer grasp of the key points in the case. Its professional capabilities can improve one's chances of winning the case.

The legal consequences of OEM trademark infringement are as follows:

The industrial and commercial administrative department has the right to take the following measures:

1. Order an immediate stop to sales;

2. Receive invitations and destroy infringing trademark signs;

3. Eliminate infringing trademarks on existing goods;

4. Confiscate and specifically use trademark infringement Molds, printing plates or other crime tools;

5. If the first four measures are insufficient to stop the infringement, or if the infringement is difficult to separate from the goods, order and supervise the destruction of the infringing goods;< /p>

6. Depending on the circumstances, a fine of less than 5% of the illegal business revenue or less than five times of the profits obtained from the infringement may be imposed. The directly responsible person of an entity that infringes upon the exclusive right to use a registered trademark may be fined not more than 10,000 yuan depending on the circumstances. Finally, trademark infringement refers to using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the trademark registrant.

To sum up, if the OEM products are accused of infringement, the factory should pay compensation according to the infringer's requirements. In addition, it should also improve the product quality at selected intervals, improve the safety of the OEM products, and eliminate the infringers. secondly, the factory should establish a scientific quality control system, effectively implement quality management, and ensure that product quality meets the requirements; finally, the factory should strengthen communication with infringers, resolve disputes in a timely manner, and avoid similar incidents.

Legal basis:

Article 1168 of the "People's Liberation Army and Civil Code of the People's Republic of China"

Two persons who committed the same infringement If the above-mentioned parties jointly commit infringement and cause harm to others, they shall bear joint and several liability.

Article 1169

Whoever abets infringement, aids in infringement or assists others in committing infringement shall bear joint and several liability with the perpetrator.

Anyone who instigates or helps a person without capacity for civil conduct or a person with limited capacity for civil conduct to commit an infringement shall bear tort liability; the guardian of the person without capacity for civil conduct or a person with limited capacity for civil conduct has failed to perform his guardianship duties. , should bear corresponding responsibilities.