Cosmetic OEM refers to cosmetics OEM production, also known as OEM production, commonly known as OEM processing. The basic meaning is OEM processing, commonly known as "OEM". Specifically: our company's products have markets and sales channels, but production capacity is limited. In order to increase production and sales, reduce the risk of new production lines, and gain market time, we entrust other manufacturers of similar products to produce them through contract ordering. The ordered products are low-priced. Buy out the price and directly affix your own brand trademark. This cooperation method of entrusting others to produce is called OEM.

Extended information

Legal issues in OEM

1. The parties lack legal awareness of contracts;

2. The information provided by the client The trademark is the trademark of a third party;

3. OEM manufacturers sell OEM products on the market without the consent of the client;

4. OEM manufacturers violate my country's " The provisions of the Trademark Law;

5. OEM products are marked with counterfeit manufacturers, factory addresses, and origins.

Solution

In order to avoid disputes and reduce unnecessary losses, both parties should pay attention to the following matters when entering into an OEM contract:

1. Sign a detailed contract

(1) Both parties to the OEM cooperation shall sign an undertaking contract in accordance with the relevant requirements of the Contract Law. The main content of the contract

Includes the names, residences, contract objects of both parties, the quantity and quality of the objects, the supply of raw materials and the quantity and quality requirements of raw materials, remuneration, contracting methods, and the time limit for contract performance. , place, method, acceptance methods and standards, liability for breach of contract and other clauses to make the rights and obligations of both parties well-founded.

(2) The entrusting party shall provide legal and valid business license or business registration certificate and other subject qualification certificates. If a copy is provided, a legal and valid power of attorney letter must also be provided if the OEM contract is signed through an agent.

(3) If the OEM involves the use of a registered trademark, the entrusting party shall provide a legal and valid trademark registration certificate; if a copy of the trademark registration is provided, the relevant certificate shall be issued by the Industrial and Commercial Bureau or corresponding institution where the entrusting party is located .

2. Standardize the labeling behavior of trademarks in OEMs

Trademark labeling in OEMs should strictly abide by the "Product Quality Law", "Anti-Unfair Competition Law" and other legal regulations. Product labels should be true and accurate, and no misleading or false product labels are allowed, no counterfeit or impersonation of registered trademarks, no forgery or impersonation of quality marks such as certification marks. The markings on OEM products and internal and external packaging should be consistent and must not conflict with each other.

The text used in product identification should comply with legal requirements. Products sold domestically should be strictly labeled in Chinese, and OEM products for export can be labeled with relevant text in accordance with the entrustment contract. Otherwise, if you violate the relevant trademark labeling regulations of the law, you will bear corresponding administrative liability, civil liability or even criminal liability.

In general, for OEM clients or OEM manufacturers, the most important thing to solve the intellectual property and other legal issues that arise during the OEM process is to take effective preventive measures, including during the commissioning process. The agreement clearly stipulates relevant intellectual property issues, conducts inquiries about the intellectual property rights that may be involved, and strictly examines the intellectual property certification documents provided by the other party, etc. If you wait until a dispute has arisen before considering countermeasures, the losses for the relevant companies will probably be unavoidable.