The Balance Between The Interests Of The Parties In The Trademark License Contract

The trademark license system as enterprise development strategy is playing animportant role in promoting global economic, but compared with the complex practice, theresearch on the basic theory of the trademark license is lag."Wang lao ji" trademarklicense case reflected the shortage of our current trademark law. China’s trademark law hasbeen revised three times since it’s established in1982, but rarely involved in the trademarklicense problems, the articles of the trademark license problems are mostly general andrough.Article forty-third in China’s current "trademark law" provisions the trademark license,but only require the trademark license party take the obligation of quality assurance andmarked producer’s information, which makes the trademark licensor and Licensee disputeinvolving a lot of matters not prescribed in the contract, and lack of resolutionmechanism. This paper intends to analysis the validity of contract of trademark license,product liability, the distribution of the part of the increase of goodwill after thetermination of the contract.From the perspective of the case of Wang lao ji, but notlimited to the case itself. Use the method of economic analysis,aims to introduce theincentive mechanism of trademark license, give full play to the function of trademarklicense, in order to balance the interests between the parties.