Trademark Licensing Value-Added Profit Distribution Research

Trademark licensing is an important system in the trademark law of China, The relevant laws does not prescribe the ownership of trademark licensing value-added profit, "Wong Lo Kat" trademark licensing contract dispute triggered on the academic circle to discuss the owner of trademark licensing value-added profit, The Beijing First Intermediate People's Court made a final ruling to make the "Wong Lo Kat" trademark licensing contract dispute settled, Behind the complex dispute highlights the current law in our country still needs to be improved.This article discusses the concept, influencing factors and problems of the value-added benefits of trademark licensing, By using the theory of civil law for reference, Analysis the desirability and deficiencies of these theories, Proposed benefit balancing principles to solve the distribution problem of trademark licensing value-added benefits, Also analysis domestic and foreign cases, To find a more reasonable way to balance the interests between trademark licensing parties, Make Suggestions on trademark licensing value-added benefits evaluation system and profit distribution for improvement, In particular, We can achieve the balance of interests of the two parties in the use of trademark licensing by judicial means, In judicial practice we can use the principle of balancing of interests and contract renewal to relief the licensee, We can also perfect the system of trademark licensing fees and set guide terms in trademark law and so on, To further improve the trademark licensing system.