Study On Distribution System Of The Value-Added Interests In Trademark License Contract

Trademark licensing is an important way for the trademark owners to exercise its trademark rights. Trademark licensing system is able to permit the parties to bring in huge benefits, but it may also bring some risks.In practice,provisions of the trademark license contract is undistributed, the Licensee’s improper behavior are likely to affect the brand image of the enterprise. The set-up time of trademark licensing system is relatively short in our country. So a lot of problems appeared in theory and practice.According to Intellectual Property Protection by Chinese Courts, civil trademark cases increased significantly in recent years, in which the proportion of new cases of difficult complex is gradually rising.And many of these new cases involve theory and practice of trademark law issues. High profile cases include:square bottle of dimensional trademark dispute; Guangzhou Pharmaceutical Group vs. Hong Dao Group, involving the "Wong Lo Kat" trademark dispute; Shenzhen Proview Technology vs. Apple.The existing system and practice of trademark licensing does not provide for related problems. How to improve academics trademark licensing system worth serious study.This paper focuses on the theoretical basis of trademark licensing and distribution of value-added benefits of specific allocation methods. Establish a rational appreciation trademark license allocation system for balancing the interests of trademark licensing interests of both sides, especially to protect the interests of licensee.This paper consists of five parts:The first part, put forward research questions by two typical cases.In addition,we introduce study status about value-added interests in trademark license contract.The second part, take the United States as an example,describes the main judicial practice of value-added interests in trademark license contract.The third part, a brief review of the main theoretical basis for scholars, including unjust enrichment system, attachment system. These are not based on the reality of having a fit and feasibility of the system, and find other theoretical and institutional support seems imminent. Demonstrate the reasonableness of its allocation from the labor theory of property rights, the principle of balance of interests and other legal point of view, and made reference to the civil law system can be properly solved a total vesting trademark licensing and distribution of value-added benefits.The fourth part, focuses on specific methods trademark licensed distribution of value-added benefits. Among them, the use of market structure model approach to assess the value of trademarks; analysis method to determine the reference level of both the trademark license allocation ratio. The fifth part, based on the foregoing discussion, put forward a sound appreciation of the interests of the trademark license allocation system specific ideas,including expanding the scope of compulsory licensing trademarks, trademarks priority to establish a licensing system, learn accretion theory to solve the distribution obstacles; put forward proposed articles of law.