The Litigious Status Of The Licensee To The Contract For Ordinary Licensed Use Of Trademarks

According to the stipulations of article4of the interpretation of the trademark law, in the case of infringement of trademark rights, the license to the contract for ordinary licensed use of trademarks can lodge a suit by getting authorization from proprietorof the registered trademark, but can’t separate identity filed a lawsuit as plaintiff with no authorization. In real life, when the infringement occurs, the proprietorof the registered trademark may neither suits by himself nor give authorization based on a variety of reasons, in this situation the interests of the ordinary licensee cannot be well protected. The author take "The Litigious Status of the Licensee to the Contract for Ordinary Licensed Use of Trademarks" as thesis title, rethink the judicial status, analysis the trademark licensee eligibility questions under the dual structure of intellectual property, excavate its theoretical base in depth, propose suggestions to improve the litigious status of the licensee to the contract for ordinary licensed use of trademarks. The full text is divided into six parts:The first part, the summary of ordinary license. Through the introduction of the concept, characteristics of ordinary license as well as the nature of the trademark infringement, leads to the litigation status of the trademark ordinary licensee.The second part, the actual litigious status of the Licensee.This part analyzes the current situation, and the causes of such provisions in the relevant domestic laws, and illustrate the problems existing in the current society, mainly displays in:have the right without relief; Do not have a unified judicial practice,have different understanding and judgment; lack of related laws and regulations; Damages are difficult to determine.The third part, discuss the characteristics of the right for ordinary licensee. Through the analysis of characteristics of the ordinary licensee, the author put forward the analysis of litigation status under the dual structure of intellectual property.The fourth part, discuss the litigation status of ordinary licensee of the trademark. This part the author under the perspective of binary system of intellectual property to analysis the capacity to be a party for the ordinary licensee; On the other hand, the author will study the litigation contract system which was put forward by some scholars.The fifth part is a comparative study of foreign legislation experiences. This part mainly introduces the system of Japan, Britain and Germany, and France’s relevant regulations, through the system combing legislative experiences of various countries, seeking to perfect the system in our country of litigious status of ordinary licensee.The last part is about opinions on the litigious status of ordinary licensee in our country. This part based on the previously discussion, learn experience from foreign legislative, and deeply re-thinks the current situation of our country, then put forward the suggestion: according to the theory of "dual system of intellectual property " the, establish a complete system of intellectual property rights; Build system of the licensee to participate in litigation; Increase res judicata of the ordinary licensee; strengthening the consciousness of people to protect intellectual property rights.