The Research On Naked Licensing Of The Trademark

The Trademark law of our country clearly stipulates that the licensor should supervise the commodity or service, which are under the trademark, and if the trademark licensee want to use the trademark, they should guarantee the quality of goods or service of the authorized trademark. But in the trademark law, it is not stipulates what legal consequence licensor should take if they don't supervise the quality or don't fulfill the duty of quality supervision when they license the trademark to the licensee. Now it seems likely that once the trademark owner don't fulfill the duty of supervising the corresponding quality, and damage the legitimate rights and interests of other people, we can only use "Contract Law", "Law on Production of the Rights and Interests of Consumers”, "Product Quality Law" and other laws which are related to rights to protect the legal rights of the victims. This also brings about controversy in theoretical cycle and practice circle. In consideration of the present trademark law in our country, and because scholars don't do perfectly about the relevant regulations and study of the quality supervision of the trademark, the author will do study with the Free cycle case and some similar cases to introduce the concept of bare trademark license, and defines the essence of bare trademark license is that the licensor can't do enough quality provisions and control about the authorized commodities and service. If the trademark licensors can't take effective measures to supervise the quality, there is no doubt that the mark function of the authorized trademark will be weaken, even be lost, and at the same time it damages the reputation of the trademark, goes against the principle of honest and trustworthiness, reduces the trust of the consumers. In this case, it can be deemed that the licensor give up the trademark right of the authorized trademark voluntarily. Finally, combining the present situation about the unclear result of the quality supervision and control in the trademark legislation, and learning from some countries(especially America)about the legal system to the naked trademark licensing, the author hopes that the trademark legislation in our country introduces the system of "tolerance" and "waiver system", rules that if a licensor don't take enough action to supervise and control the quality of the trademark, it will be deemed that the licensor give up the trademark voluntarily. Finally the author use the Free Cycle Case to tell the licensor and the licensee(especially the licensee)that both of them should pay attention and actively take measures to supervise the authorized goods and service, or both of the licensor and licensee should take responsibility for bad corresponding legal consequence which result from the bare trademark license, Of course there are many shortcomings in this study, but the author hopes this essay can give some advice about the problems of quality supervision and control in licensing trademark, and provide some reference for the theoretical circle and practice circle when they deal with problems.