Research On The Distribution Of "Value Added Benefit" Of Licensed Trademark

In the process of using the trademark, it is inevitable to cause the increase of the value of the trademark. Since then, if the trademark license contract is terminated, the trademark owners and the trademark licensee will produce differences and contradictions arising from the issue of the value of the trademark. However, whether in the legal norms, or in the academic theory, there is a lack of effective response measures. As to the problem to be solved, we must understand the situation of the trademark value-added distribution of interests, define the concept of the value-added,make sure the attribution and find the measure of the system distribution construction, so as to realize the construction of the distribution system of trademark licensing value-added benefits. Based on this, the author write this paper according to the following line of thought, In order to benefit from the study of the distribution of value-added benefits of the license trademark.The first part: the status quo and problems of the distribution of the value added benefits of the license trademark. In this part, the author introduces the law and the current situation of the distribution of the value added benefits of the licensed trademarks, and then comes to the question of the distribution of the value added benefits of the licensed trademarks.The second part: the basic theory of the content of the value added benefit of the license trademark. In this part, it is mainly related to the value constitution and influencing factors of the value added benefits of the licensed trademarks. For the former, the author thinks it includes the increase of the value of the trademark mark and the increase of the value of the goodwill. With the influence factors of the value-added benefits of the license trademark, the author combined with the characteristics of trademark identification and goodwill, made an system analysis and demonstration.The third part: the attribution of the distribution of value-added benefits of the license trademark. In this part, it is mainly related to the problem of the ownership of the license trademark in the distribution. That is, the author through the licensing of the value-added benefits of the interests of the origin of the discussion and demonstration, combined with the existing value-added benefits of the determination method, to put forward the specific criteria.The fourth part: the construction of the evaluation and distribution system of the value-added benefits of the license trademark. In value-added interests of the trademark evaluation process of argumentation, I make full use of the economic evaluation cost method, such as "the cost method", "the market method" and "the income method" for the analysis and research. And in view of theexisting practical and theoretical problems, the solution to the problem of trademark value added benefits distribution is proposed, so as to provide the method reference and theoretical support for the final construction of the value-added benefit distribution system.The type of trademark license is diverse,and the value-added interests of the content is also complex. The author believes that the allocation of the added value of the licensed trademarks,neither should be attribute to the trademark owner, nor should be relied solely on the contribution.We should distinguish based on the content of value-added interests of trademark license,according to the different type of license and combined with the right of autonomy of the will,domination and a fair idea of the disaggregated allocation, in order to achieve value-added distribution of the trademark license system construction.