Research On The Trademark License Value_Added

Through the trademark licensing case of "Wang lao ji and Jia duo bao" which is known as "China’s first brand case" had just ended, the problems in the trademark license is still worthy of our study.Tthe problem exposed in the trademark licensing case of ’Wang lao ji and Jia duo bao"is that there is no regulates that regulate the ascription and distribution of the trademark’s value-added and related regulations for protection of the interests of the licensee in the trademark’s value-added based on the contribution of the licensee in China’s trademark law.In this thesis, we will explore related issues about the trademark’s value-added in trademark license.The thesis includes four chapters.The chapter I mainly introduces the related theory of trademark licensing which mainly includes the development of trademark licensing system under the evolution of the trademark’s function and the contents of the trademark license including the types of trademark licensing and the rights and obligations of both parties in trademark licensing. We can draw a conclusion from the contents of the trademark license that there is no related laws and regulations which regulate the ascription and distribution of the trademark’s value-added. We can draw a conclusion from the rights and obligations of both parties in trademark licensing that the regulations for protection of the interests of the licensee in trademark licensing,especially in the cases whose trademark’s value-added owns to the licensee.And from the proplems exposed in the Chapeter One we can get the contents of the Chapter II.The Chapter II mainly introduced the necessity of practice and theory of studying the problem of trademark’s valua-added besed on the contribution of the licensee and the types devided based on whether the relevant contract has the stipulate for the trademark’s value-added.What’s more,this part also introduces the jurisprudence basis for protection the interests of the licensee under different types, mainly based on party autonomy, the principle of contract freedom, fairness and the principle of balancing of interests.Through the second chapter we know that the law shall protect the interests of the licensee and the basis of protection is the trademark’s value-added. So the Chapter III introduces the related content of the trademark’s value-added.The third chapter introduces the object of the trademark evaluation and the feasibility analysis of the trademark evaluation.The specific contents includes the object of the trademark evaluation,the impact of the goodwill to the trademark value,the motivation of the trademark value-added,the characteristics of the trademark value and the feasibility analysis of the trademark evaluation.After a feasibility study on the value of the trademark, the content of Chapter IV is that how to protect the licensee’s interests. The fourth chapter describes how to protect the the licensee’s interests when the trademark’s value-added is based on the contribution of the licensee. This part introducts how to protect the licensee’s interests through improving the contract under having stipulation for the trademark’s value_added and introduces various of law scholars’methods, including accession regime, compulsory licensing,the priority license right,setting the way of guidance provisions to protect the interests of the licensee under having no stipulation for the trademark’s value_added and the feasibility study about the various methods applied in trademark law.Focuses are put on the feasibility study about accession regime in property law and the the priority license right based on the house lessee’s priority to lease.At las,the thesis get the conclusion is that the selective method to protect the licensee’s interestsat the present stage is though the contract.