Study On The Legal Issues Of Trademark License

It has been20years since China’s trademark license system established in the "trademark law" in1982. The trademark licensing has become one of the important forms of trademark right. With the development of the trade of intellectual property and the formation of domestic intellectual property market, trademark licensing plays an important form of its trademark utility for the owner of a registered trademark. During the use of trademark licensing process, there is a problem with the interests of the game between the licensor and the licensee, a trademark license is double-edged sword on both sides of the role, but the trademark license system has not given sufficient attention in the study of theory in China.Since almost no enterprise can achieve the total "vertical integration", namely enterprises play full role required by exploitation and utilization of intellectual property, including the production development, refining, test, production, product sales and services, resulting in the licensing use of intellectual property to others has become a common phenomenon. Of course, authorization can be in various forms. The owner of the trademark can authorize the trademark licensing for others to use, in order to obtain a higher reputation or expand the market to bring more economic benefits to the enterprise. Under the circumstance of the separation of the trademark ownership and the right to use, the person who has the right to use the trademark may also be responsible for the financial input. If the person who uses the trademark can still gain benefits from the trademark value given that the financial input of trademark undertook all by the trademark user.Since China’s accession to the world trade organization, enterprise, as the main body of market, its awareness of intellectual property rights has gradually improved, but there are still many enterprises lack of knowledge about intellectual property. Also due to many possible problems in the process of trademark authorization haven’t been regulated by the corresponding legal system, resulting in the lack of comprehensive and in-depth understanding of intellectual property. In recent years, broad discussion concerning Wang Laoji case occurred just highlights the conflict in the use of the trademark licensing and how to balance the trademark license interest distribution of the two parties and other issues. This paper, based on the "Wang Laoji" trademark licensing case, analyzes and expounds the focus of the case on conflict of rights and interests, shows that the trademark issue in those two aspects still exists defects and deficiencies, and puts forward the solutions in the using process of trademark licensing, to improve the enterprise’s awareness of risk prevention, then more Chinese enterprises are able to make full use of intellectual property rights and show the wisdom of our Chinese nation in the era of knowledge economy.