Study On Protection Of Brand Value Incubators

“Give therefore to the emperor the things that are the emperor’s; and toGod the things that are God’s.” This quotation is an otherwise famouslegal axiom which discusses the relationship between politics and religionwhich justifies the legal relationship of brand between brand valueincubators and brand owners which is on the basis of intellectualinvestment and other material contributions.That many cases including “iPad” and “Wanglaoji” are popularlydiscussed in the year of2012has inspired many theorizers to ponder overthis issue of legal rights attributed to brand value incubators which is apressing question concerning the practice of Trademark law.This thesis is therefore trying to solving the problems mentionedabove by formulating a legal configuration built on the basis of trademarkand civil law theories in which brand value incubators’ rights can be wellprotected in accord with the existing legal practice.This thesis follows this train of thought: the origins of the problemswith respect to protecting brand value incubators’ rights--the analysis of this issue–formulation of a system standing up for rights mentioned.This thesis consists of specific four parts as follows:The first chapter of the thesis—the problems in protecting the rightsof brand value incubators–analyzes the two cases which respectively are“the most attention-attracting trademark case” of “Wanglaoji” and thelawsuit about “ipad” causing wide concern among theory research. Bydoing so, the writer uses two typical cases as starters for this thesis’sdevelopment.The second parts of the thesis has two chapters: interpretations ofconcerned concepts of brand value and brand value incubator in legaltheory perspective; theory foundations of safeguarding rights of brandvalue incubators. Chapter2defines certain concepts such as brand value,brand value incubator and then point out the essence of conflicts betweenbrand value incubators and brand owners. Chapter3continues theargument and put forward a new theory of “post-goodwill” whichcontains its connotation, definition and application. With also examiningsome hotly debated theories like “goodwill transfer”,“ownership ofdecoration of intellectual property”, the writer began to lay a foundationof legal system for retaining rights of brand value incubators.In Chapter4, which is “protection choice and legal system projectionof brand value incubator”, proposes solutions to ensure the brand valueincubator’s rights from three aspects which are rights exercising, contractual act guidance and property protection, hoping to construct acomprehensively-defending institution for brand value incubators’ rights.