On Licensing And Management Of Intellectual Property Protection And Its Legal Regulation

As a kind of modern means of circulation and management or form of organization, franchising develops rapidly all over the world. It shows powerful life, and can bring every positive factors into play and realize the most optimal regrouping of capital by using its low-cost and wise way of business expand on a large scale. In China franchising conies out not long ago, so it initiates lots of legal problems among which the protection of intellectual property and its standardization and regularization are extremely important. Therefore, the task is very urgent at present to study the theory of franchising deeply and to strengthen the legal standardization and regularization. There is much relationship between franchising and intellectual property. The objects of franchising consist of a basket of intellectual properties including trade mark, trade-name, shop front design, patent, know-how and trade tricks. All these intellectual property elements infiltrate every links of franchising so that we can say no intellectual property, no franchising. In view of the above, the author starts with intellectual property protection, the core problem of franchising, and uses the experience of U.S.A. and some European countries for reference in order to put forward some suggestion to the legal standardization and regularization of Chinese franchising.The main contents are as follows:First, franchising and franchising right. Mainly clarifies the meaning and characteristic of franchising and the nature of franchising right.Second, the intellectual property protection in franchising. Include the forms of manifestation of the intellectual property protection in franchising andanalyze the key point of the intellectual property protection in franchising--protection of trade mark right, and the difficult point--protection of the tricksof trade.Third, legal standardization and regularization of franchising. Put up with some suggestions to Chinese legislation in franchising by analyzing the characteristic and difficulty of legal standardization and regularization of Chinese franchising at present, and using some international advanced experiment.