
What is an OEM?
The meaning of "Original Equipment Manufacturer" has changed very little over the past few decades. This phrase was initially used to refer to a business that had created a specific product at one point in time.
Nowadays, it describes a company that manufactures products according to another company's specifications. For instance, a company that makes car engines according to the specifications of Toyota would be called an OEM.
Why do companies use OEMs?
Creating enormous volumes of highly specialized items may be outside many businesses' capabilities. It is best to outsource the process to cut expenses and avoid the hassle of managing production internally.
Companies choose to partner with an OEM manufacturer for several reasons. One of the key reasons is that it allows them to outsource the production of components or products that are integral to their business. This can free up valuable resources that can be used to focus on other areas of the company.
Another reason OEM manufacturing can be attractive to companies is the potential for cost savings. When a company partners with an OEM manufacturer, it can benefit from economies of scale and lower production costs. This can lead to significant savings that can be passed on to the customer.
The location of your original equipment manufacturer (OEM) is an essential factor to consider. However, your company's needs will determine the optimal method for manufacturing your product.
PROS and CONS
1. OEM domestic manufacturing

2. China OEM manufacturing

Before importing OEM items from overseas, consider the following:
What are my product specs?
My budget capitalization?
What's due diligence I need to perform?
Should I choose a single provider or multiple?
How can I verify the product works?
3. China OEM: 4 Must-Dos
3.1 IP protection
China only recognizes locally-registered trademarks. This, along with its first-to-file procedure, makes it crucial to register your trademark there if you want to produce it there. China Trademark Office or WIPO can register your trademark (in the latter case, you must apply from the country where your trademark is currently registered). Without a locally registered trademark, you risk:
Chinese customs prohibit items that infringe on others' IPs.
Infringement claims by Chinese firms with the same brand, even if they're squatters and counterfeiters.
Your Chinese OEM registered your trademark and threatened to sue if you switched OEMs.
3.2 Contract Negotiation

Negotiate a thorough contract that covers product design, specifications, raw material and equipment selections, manufacturing deadlines, packaging, quality control processes, branding, price, and contract term. This will prevent legal issues. Signing a purchase order isn't enough. Negotiate a contract that covers the following:
NNN Agreement: NNN stands for "non-use, "non-disclosure," and "non-circumvention." This means the manufacturer agrees to a) not use your product/design/concept as a competitor, b) not disclose product/design information to a third party, and c) not sell your product at a lower price. An NNN protects your IP abroad.
Termination terms: Spell clearly the situations that can lead to contract termination (OEM IP infringement, for example) and the repercussions of termination (for example, what is to be done with products that have already been completed, steps for the return of confidential information).
Exclusivity agreement: You need an exclusivity agreement if you want to provide your OEM exclusive rights to create all or part of your products or be the whole product seller in a market. The contract's exclusivity provisions must include any OEM subcontractors. Exclusivity agreements safeguard unique or in-demand products.
Non-compete terms: OEMs have several clients. Given its specialty, your opponent may be a client. Your contract should ban the OEM and its affiliates from creating competitive goods.
Payment terms: Schedule payments. Paying after inspection is preferable to after shipping.
3.3 Quality Control:
OEMs provide quality products. Choose an OEM with a quality control system. Some manufacturers have QC departments. Third-party quality inspectors may be used. The OEM should be transparent about how they maintain quality. Ask the manufacturer about their processes and checks before signing a contract. Audit their factory. Refrain from believing them, even if you're convinced before placing an order, and demand samples.
3.4 Get yourself a China sourcing agent:
Working with a China sourcing agent makes manufacturing in China easier. A sourcing agent increases your chances of receiving a quality product on time and at the best price by helping you verify and select an OEM. Their advantages include:
Local presence in China so they can visit OEMs for checks.
Fluency in local languages helps communicate with manufacturers, draw up contracts, and file Chinese paperwork.
Years of working with Chinese manufacturers means they know the best deals and can help you avoid shady ones.
Outsourcing to a Chinese OEM offers several benefits, including low-cost, high-quality goods and working with professionals. Protect your trademarks in that nation.






