Research On Legal Issues About Trademark License

With the formation of the domestic market of intellectual property and intellectualproperty trade, trademark licensing has become an important form of a registeredtrademark owner to play its trademark utility. This paper selected in the communitycaused widespread concern and discussion series Wong Lo Kat trademark litigation, as astarting point, but not limited to," Wong Lo Kat" case itself, mainly discussed the useof the trademark licensing system has universal significance of three core issues, namelyvalue-added distribution interests trademark license period, the legality of goodwill afterhair transplant after the original trademark license expires, as well as permission to usethe well-known commodity in the form of unique packaging and decoration interestprotection. Added value based on the theory of value-added benefits and interests oftrademark licensing period equilibrium theory, it should be allocated. To improve thelegal system of value-added distribution of benefits of trade mark, the followingrecommendations, establish rules appended trademark appreciation; reference factorsfor changes in the value added benefits mark allocated; establishment of trademarklicensing priority system. In discussing the legality of the original trademark licenseexpires goodwill transplant, first proposed to determine the original trademark licenseexpires goodwill attribution criteria to analyze original trademark license expirestransplant necessity of goodwill, and made the following legislative proposals: followthe principle of balance of interests; clear relationship of goodwill and trademarks; clearof goodwill can be transplanted conditions. Packaging and decoration peculiar to wellformed in the interests of licensed independence, packaging and trademarks can beseparated, proposed two criteria to determine the well-known product-specificpackaging and decoration vested interests. Proposed legislation against existentialdilemma as legislative proposals: removal of restrictions notified commodity name;clear relationship decorating package of benefits and trademark; introduced onpackaging and decoration of the anti-dilution protection.