我国是外贸出口大国,出口商品中贴牌加工产品所占份额较大。根据境外委托方要求在生产、出口的商品上使用的商标,虽与境外授权使用商标相同,但同时又与国内权利人注册的商标相同或近似,且用于同类或类似商品时,是否构成侵权的问题,一直有不同观点,但见诸于法院判例的,多判决认定构成侵权。近年来,尤其是2008年国际金融危机之后,保 China is a major exporter of foreign trade and its share of OEM products in exports is relatively large. The trademark used by the foreign entrusting party for producing or exporting goods is the same as or similar to the trademark licensed outside China, and is identical or similar to the trademark registered by the domestic right holder and infringes the same or similar goods There have always been differences of opinion. However, judging from the jurisprudence of the court, many adjudicates are found to constitute infringement. In recent years, especially after the 2008 international financial crisis, Paul