The Discussions Of The Trademark License System Under The Trademark Licensor And Licensee Of The Conflict And Balance Of Interests

The trademark license system, as an important part of trademark protection system,the necessity and legitimacy of its existence is beyond doubt, but in the face of changerapid economic development and trademark disputes, trademark licensor and trade-mark license the common interests of the relationship between people will sometimesget into lots of contradictories and conflicts."Wang Laoji" trademark now is worth ofhundreds of billions, behind the success of the brand and product the marketing oper-ation has interest relations perplexing, involves not only the dispute of trademark ofthe ownership, but involves complex trademark license legal relationship between theowner of the trademark with the trademark licensee—the Pharmaceutical Group ofJDB group.To rely on enterprises in the quality of the products, services, advertisements and oth-er aspects of the trademark management became the sunk cost, the JDB group andother strong strength of the group, whether they are willing to trademark license tooperate in the form of the development of a licensed trademarks on the time-honoreddevelopment in the future remains a huge question. Guangzhou Pharmaceutical Group,whether they can maintain the original quality, the availability of funds, manpower,material inputs and marketing strategy to continue to operate and maintain adequatethe “Wang Laoji” brand value, or will they make the trademark license again, the li-censed technology quality using the body also worrying us. For consumers, viciouscompetition of Wang Laoji "trademark between the "Jia Duobao” trademark willcause confusion and misunderstanding (at least in the short term), not only for newJDB herbal tea, but also for the original quality of some hesitation, to be the "WangLaoji" trademark’s comeback medical group product quality are still not sure, a lot ofslobber war and advertising campaigns virtually lead to a great waste of society re-sources.These problems reflect that the trademark license system is now standard more is toprotect the interests of trademark licensor, Licensee of related interests as well as themark trademark value and the value evaluation, balance of interests, are rarely in- volved. In the existing trademark law framework, based on foreign legislation andsystem, how the existing trademark licensing system to find a solution of trademark,trademark licensee conflict of interests to the interests of both sides are the road tokeep balance, is the main purpose and significance of this paper.