The Research On Countermeasure Of Trademark License

Trademark licensing is the system that the trademark owners authorize others to use the trademark in special period time and domain. Although the current trademark law has been revised for three times, but it is also flawed in theory and in practice when facing the realities represented by the case "wang lao ji". This page begins with the case of "wang lao ji" reviews the defects of the system about the trademark licensing in theory and in practice, puts forward counter-measures according the defects above. This page is divided by five parts as follows:Part1:This part consists of introductions of the case about "wang lao ji" and representative problems such as the mode of trademark licensing、the effect of the contract、 the calculation of the fees about trademark licensing、the belonging about the value-added part of the goodwill.Part2:This part consists of introductions of theory of the trademark licensing, discrimination about trademark licensing and trademark leasing、trademark renting. And it discusses the importance of regularizing the action about trademark licensing in several aspects.Part3:This part consists of introductions of current rules about trademark licensing and practive operation. Concretely speaking, many problems exist in current rules such as the legal obligations of the trademark licensing lack of operability, breach of statutory obligations is not clear, the essential clauses in the licensing contract cannot meet the needs of the reality, the provisions of the license for record too principle, etc. And in practive operation such as confusion of trademark licensing along leasing and OEM; inaccurate understanding about the effect of contract by the persons concerned; lacking of standards of the fees about trademark licensing; lacking of rules about the belonging about the value-added part of the goodwill; the abuses of rights by trademark licensers; the abuses of permissions by trademark owners.Part4:This part offers a proposal according the problems above. Specifically, from the side of building rules and regulations, we should be determine the standards for the implementation of the quality guarantee obligations, to improve the necessary terms of the trademark license contract, should strengthen the effectiveness of the record. From the practical level, we can improve from the following aspects:to clear the responsibility of violating lawful duties; to define trademark licensing along leasing and OEM; to encourage the persons concerned arranging the standards of the fees about trademark licensing and the belonging about the value-added part of the goodwill in the contract; to build mechanisms protecting the licensing of trademark and supervising the quality of goods.Part5:It is the summarization of this page. I wish it could arouse other scholar’s fervour to take a deeper research on the countermeasure of trademark licensing.