Study On Quality Control In Trademark Licensing

Trademark functions are the backbone of the trademark law,and starting point for trademark licenses should be based on understanding of trademark functions.The legal recognition and protection of the new functions of the trademark makes it possible to license the mark.The particularity of trademark licensing stems from the particularity of the tradernark itself,with a focus on the dynamic and symbolic value of the mark,as well as the manner in which the mark is used in the manufacture and provision of goods and services.The most significant difference between a trademark license and other types of intellectual property licenses is its quality control rules,which are the topic of this thesisThe introduction,the first and the second chapter is the basic theory part.The third chapter and the fourth chapter is the rules-construction part.The introduction describes the basic nature of the trademark law and trademark licensing,the purpose of the legislation,etc.It points out that the competition policy attribute of the trademark right constitutes a restriction on the trademark property right,and the function of the trademark defines the boundary of the trademark right.In the first chapter,emphasis is placed on the quality assurance function of trademarks.First,the importance of the quality assurance function is discussed.Secondly,it discusses why trademark marks should be protected by trademark law.Lastly,why is this protection related to quality assurance?After mentioning that the quality assurance function is mainly embodied in the quality control rules in the trademark license,the second chapter of this paper explains the different value orientations of the quality control rules in the trademark license and the evolutionary narrative in the relevant countries,showing how it is independent of Other types of intellectual property licensing have evolved.In the third chapter,the paper begins to discuss the necessity and legitimacy of quality control as an obligation in trademark law.Although the quality control obligation has been widely recognized by the court,it has also been questioned by some scholars.Critics believe that quality control obligations make judges trap in value conflicts;due to the ambiguity of the "quality" and "control" standards,it is virtually ineffective.After a more in-depth examination of the commercial operations of the licensor and the licensee,this paper believes that the quality control obligation does not affect the interests of both,even if it is extremely slight,it is the necessary sacrifice to maintain the consumer's trust and the normal function of the market mechanism..The quality control obligation of the trademark law can make the trademark licensor more cautious in promoting the promotion of trademark license,and invisibly protect the interests of consumers.In addition,the ambiguity of "quality" and"control”provides the necessary flexibility and discretion.Although China's trademark law clearly reflects the quality assurance function of trademarks,it does not make more specific provisions on the legal consequences of failing to achieve the quality control requirement when licensing,nor does it clarify the product liability that trademark owners may infringe.The fourth chapter of this paper explores what is "quality" and"control" sums up typical jurisprudence,trying to make up for the shortcomings of the Chinese trademark law...