The Improvement Of The Trademark Licensing System In China

With the development of the market economy, the enterprises make the trademark licensing system to be known by paying attention to the brand value more and more. Today, a lot of enterprises make thier trademark licensing into the category of trademark management. Trademark licensing system can increase interests of the both parties at the same time, so the trademark licensing is widely used throughout the world. As a production and consumption super-country, there is abundant market space to use trademark licensing to create wealth in China. We must have consummate legal system to ensure that the interests of consumers and both sides of trademark licensing can be protected. And we need a good legal environment as guarantee. However, the relevant provisions which are about trademark licensing system is very limited in the trademark law, it is hard to meet the needs of solving the practical problems which emerge endlessly, it cannot adapt to the current rapid development of market economy. In this article, through "Picasso" trademark licensing case, "Laoshan" trademark licensing case and "Wanglaoji" trademark licensing case, we can discover some problerms. For example, the trademark licensing record system is incomplete, contents of licensor’s obligation in quality supervision are not definite, and there is no trademark value increment profit distribution system. These issues are widely discussed in domestic academic circle. By literature study, case study method, comparative method, I attempt to propose effective suggestions of perfecting our country’s trademark licensing system. The contents of the paper consist of five chapters. The first chapter is introduction including the research purpose, research significance and research status. The second chapter illustrates three typical trademark licensing cases. By analysising the cases briefly, I summarize the key problems of the cases. The third chapter explores the problems of trademark licensing record and proposes some suggestions on two aspects of record obligation and early termination. The fourth chapter which is about licensor’s obligation in quality supervision summarizes the responsibility content of licensor and proposes some means to ensure licensors to perform the obligation. The fifth chapter is about distribution of trademark value increment profit. I anlysis the necessity and feasibility of profit distribution, and I put forward suggestions on setting up trademark value increment profit distribution system.