Allocation Of Goodwill To Terminate The Trademark License After Study

On August31,2014, the12th session of the standing committee of the National People’s Congress voted by the10th meeting of the standing committee of the National People’s Congress about setting up intellectual property in Beijing, Shanghai, guangzhou the court’s decision. The establishment of the intellectual property court, has become a hot topic of intellectual property. We are in a new era of business environment of innovation not only includes technology innovation, the innovation also includes a variety of business model innovation, they have never seen in history. So when these techniques or use a business model, will contain uncertainty, is also the legal risks. And legislation is often lag, law makers can’t predict when making laws to the production of these innovations, therefore, how to coordinate the legal stability and innovation activities in the social economic relations, it is the inevitable question facing the modern society, is also a need to attach importance to legislation and adjudication activities.Hailed as "China’s first case of trademark","China packaging first case","wang ji" is the current intellectual property cases presented new difficulty of a typical representative. Its particularity lies in the enormous goodwill attached on the labels of "wang ji" is a "goodwill" backwardness, is during the licensing by the licensee and the stupa independent hong tao group of accumulation. Then, on trademark licensing, after termination of the belonging of value-added business reputation and distribution problems in the legislation is blank in our country, the theoretical circle have not discussed before. And wang ji and the stupa litigation between more marathon without an end, it is a time-consuming for both sides of the project. So the trademark license after the termination of the "goodwill" backwardness should be how to allocate, is an important problem of theory and practice value.Method of this paper will use case analysis, comparative research, sociology research methods, such as, from the perspective of the "wang ji" trademark case, review wide medicine and add much treasure the three times of war, reveals the disputes between them is enormous goodwill behind the trademark. Second, after raises the goodwill concept introduces the concept, characteristics and legal nature of goodwill, and briefly discussed the relationship between goodwill and trademarks, and on the basis of this puts forward the concept of "goodwill" backwardness; Then from the property rights theory, the principle of balancing of interests and goodwill evaluation focuses on the "goodwill" backwardness allocation feasibility in theory and in practice. Provides some enlightenment in the end, based on the investigation to the trademark law of the United States of America, the imperfections of the law in our country puts forward the legal protection system; And "backwardness goodwill" puts forward the analytic hierarchy process (ahp), the distribution of the rationality for its distribution.