In The Franchise Trademark License Study

Since the invention of franchise by Singer Sewing Center,franchise has become one of the most popular business operation models in the world. The license of intellectual property is the core of franchise,and the trademark license is the footstone.However,the trademark license in the franchise is obviously different from the general trademark license. Because of this difference,the choice of trademark license model and the arrangement of quality control become the core of trademark license in the franchise.This paper discusses these problems and has five parts.The first part discusses the definition,category and origin of franchise,discriminates the difference with the similar concept,and discusses the core of franchise,that is the license of intellectual property.The second part starts with the analysis of the basic problem of trademark license,and points that the trademark license is the footstone of franchise.The part also touches upon the difference between the trademark license in the franchise and the general trademark license,and points that the choice of trademark license model and the arrangement of quality control are the core of trademark license in the franchiseThe third part makes analysis the choice of trademark license model from two aspects.The best model in the choice of trademark and trade name license is the license of the trademark together with the registered trade name.Under the context of master franchise,the franchisor shall choose the sub-license or direct license of trademark according to laws and practices.The fourth part discusses the quality control in the franchise.The paper reviews the theory basis of quality control in the franchise,and analyses the dualism and popular disputes of the quality control in the franchise on the basis of several cases both in China and America.This parts also discusses the mechanism arrangement of discusses,which includes agreement arrangement,specific arrangement,entrust and tying.The fifth part sums up the important viewpoint of paper and provides some beneficial suggestions to amend our existing rules.