Research Of Quality Obligations Of Registered Trademark Licensing Contract Parties

Trademark licensing help small and medium enterprises to enter the market. But the following problems of quality of goods can not be ignored. Quality obligations can overcome the quality problems of the goods. Quality obligations are to be established by learning from theory, norms and reality. The sources of theory including science of civil law, economic analysis of law and trademark law. The sources of legislation including contract law, trademark law, the quality of law and consumer protection law. The sources of practice including technology development, the level of consumer protection and the practice of trademark licensing.Quality obligations mean that the parties should ensure the quality of internal and external of products or services meet the statutory or agreed standards. Internal quality standards not only require the product to have both security and usability, but also require their access to legal production qualification for particular companies. External quality standards requires both standard packaging and labeling, but also require the parties to maintain the identity of the product. Product quality standards are divided into general and specific standards. Internal and external quality standards can not be lower than normal, whether to apply the special standards is decided by the cases. Relevant quality obligations come with other quality obligations. Relevant quality obligations include confidentiality, providing quality information of goods and accepting supervision.The distribution of quality obligations should follow the principle of balancing, efficiency and benefiting consumers. Quality obligations of trademark licensor including providing the necessary material and technical for the licensee, supervising and inspecting of the licensee’s production and product quality, assisting national authorities for quality supervision, guarantying product quality. Quality obligations of trademark licensee including performing the quality standards, accepting supervision from the government departments and licensor, reporting the actual producer.Government authorities ensure the parties fulfill the obligation by post contract filing and prior supervision. The trademark licensor and licensee are to force the other to fulfill quality obligations by mutual restraining. Besides consumer restrict the licensee through boycott and complaint. When the product have quality problems, not only consumers have the right to pursue liability for breach contract or tort liability of the parties, but also between the licensor and the licensee can pursue the other’s liability for breach contract. Government authorities have the right to punish the parties by administrative penalties and criminal penalties who are in violation of quality obligations.The provisions of trademark quality obligations have defect in our legal system. In the part of the contract entered, the parties should be required to add more necessary provisions of quality obligations in the contract. Trademark licensing contract should be partly archived and conditionally mandatorily filed. In the part of the contract performed, trademark law should refine the monitoring process in order to strengthen mutual restraint between themselves. Dredge consumer feedback channels, and strengthen its restraints on the licensee. Administrative supervision should be strengthen by deepening the cooperation of the parties and administration. In terms of legal remedies, trademark licensor and licensee should be responsible for joint and several liability outside. Trademark licensor should be responsible for liability without fault. For product quality disputes, the scope of rebuttal burden of proof should be widened. Administrative penalties should be strengthened by expanding the scope of punishment and enhancing the scope of punishment. Criminal penalties should be strengthened by changing the penalty calculation and enhancing the property oriented penalties.