The Way To Get Protection On The Brand Value Creator Form The Case Of "Wanglaoji"

The trademark licensee who create the value of trademarks was not protected enough form law that we can observe in the trademark licensing system, resulting in that the contract parties were disputing on the ownership and allocation of the value of trademarks after the termination of the contract. The war of the parties of the economic interests gradually developed into the debate on how to protect the rights and interests of the creators between the academia and industry. As the calls for maintaining the creator’s rights and interests were increasing, some scholars put forward the introduction of "accession system" "trademark coexistence system" "priority system" "unjust enrichment system" as a way to solve the case dispute. As the above methods still have some defects and limitations on the protection of rights and interests of trademark value creators, the article attempts to seek the solution from the trademark licensing system, building a set of perfect dispute prevention and treatment mechanism form which can protect the rights and interests of creator as well as promote the cooperation of the parties and achieve the goal of the maximum social benefit. So, in this article, by setting an introductory rule that make both sides definite their respective rights and obligations in the trademark licensing system, building the rule about how to distribute the brand value as well as how to share the loss of the reduced brand value, establishing goodwill rotary rule, Encouraging contract parties to sign contract of trademark license within the "grace period", etc.. to provide a better solution for the similar situation.