外贸英语·订单之路精读30篇（2）

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知识产权：OEM贴牌与侵权防火墙

An OEM agreement granting ‘worldwide distribution rights’ doesn’t transfer underlying patent ownership—only licensed use under strict field-of-use limits.
Trademark squatting in Vietnam has forced Western brands into costly coexistence agreements—even for logos never marketed locally.
Factories supplying identical components to competing brands create latent infringement exposure if design patents aren’t jointly assigned.
‘No-infringement warranty’ clauses become unenforceable when suppliers lack technical staff to monitor evolving patent landscapes.
Design-around strategies require documented engineering rationale—not just aesthetic tweaks—to withstand validity challenges in EU courts.
U.S. importers bear strict liability for counterfeit goods, regardless of supplier representations or due diligence efforts.
Open-source firmware used in smart devices introduces GPL compliance risks that cascade into branding contracts if not contractually ring-fenced.
IP audits now include supplier subcontractor mapping—because Tier-2 foundry violations invalidate Tier-1’s indemnity promises.
Geographic trademark registrations don’t guarantee enforcement; China’s ‘first-to-file’ system rewards speed over goodwill.
The safest OEM firewall isn’t legal language alone—it’s parallel development of proprietary interface layers that decouple hardware from brand-critical IP.