On The Civil Protection Of Right Of Trademark In Franchise

Franchising will be the leading business model of 21st century. Licensing of intellectual property is the core of franchise, and the trademark licensing is well known as the footstone. The franchise trademark's dispute cases frequently happen, damaging the healthy development of the franchise system, so the civil protection of trademark in franchise seems quite important. This is also an opportunity to expand on the paper. Except the introduction and conclusion, the paper can be divided into four parts:At part I, in accordance with the protection order and method, the civil protection of trademark in franchise is subdivided into three types: the protection of establishing and confirming right, the protection of contract and the protection of tort remedies. On this basis, the part puts forward the main problems incompletely.Section I of Part II presents three principles of civil protection of intellectual property rights in franchise, including the principle of balance of interests which is the most basic one. Then, under the guidance of principles, the part analyses the civil legal relations of the specific issues. Section II analyses the legal relations of trademark in franchise mainly from the angel of establishing and confirming rights, and Section III and Section IV more from the angel of the relations between rights and obligations.Part III and Part IV analyses the civil protection measures of franchise trademark rights of franchisor and franchisee respectively. Between them, the franchisor needs to deal well with every protection aspect. Enjoying the full intellectual property rights of franchise trademark is the basis, and improving contractual arrangements and implementing tort remedies is the key to obtain civil protection. On the franchisee, the most effective and convenient protection is contractual arrangements.The establishment and circulation of property rights are interactive. Thus in the paper, the protection of right transfer and the dependable protection of right establishment are mainly used by contract, which is the main line of the analysis, while the important role of infringement remedies isn't ignored. Therefore, both the franchisor and the franchisee can attain both comprehensive and targeted civil protections from this paper.