Research On The Distribution Of Value Added Benefits Of Trademark Licensing

As an important part of China's trademark system,trademark licensing is in help of the products marketing for the licensees to increase its own advantages in market competition,usually by use of trademarks with certain reputation.An example of the "wang laoji" trademark dispute,has drawn wide public attention on the classification and the allocation of trademark licensing value-added benefits,upon which no effective measures have been made in both the legislative and practice.Therefore,defining the trademark licensing value-added benefits and its distribution is of great significance to perfect our country's trademark law system and protect the rights and interests of the parties.According to the above problem,this paper mainly discusses the theoretical basis for the trademark licensing value-added profit distribution and specific solutions.The main contents are as follows:To start with,on the basis of the dispute case between Guangzhou pharmaceutical Limited by Share Ltd and the JDB group,this paper expounds China's lack of legal basis for trademark licensing value-added interests,the licensee's lack of recognition of the legal shelter and difficulty of brand value evaluation,etc.Secondly,it introduces the theoretical basis of trademark license increment interests,defines from a generalized angle the trademark licensing value-added benefits,meanwhile expounds the distribution of legitimacy from three aspects of the labor theory of property rights,the principle of balancing of interests,and the intellectual property law legislation objective.Furthermore,this paper introduces and analyzes solutions to the above problem as in reference system of setting priority permission,the replenish system of acquire mark right,the unjust enrichment system for economic compensation,and widening the scope of the compulsory license,etc.Finally presents the discussion of using the analytic hierarchy process to determine the contribution ratio of brand value,and attaches some suggestions: establish a guiding provisions in the trademark law to distribute the value-added benefits of trademark licensing;Specify the law of real property accession institution applies in trademark licensing system,the licensee cannot obtain the ownership of the trademark,but can get some compensation;allow post-contract obligations applies in the trademark law,and establish a buffer period for the licensee to transfer the subsequent goodwill.All are in hope of solving any new problem in the process of trademark licensing,in order to promote the harmonious and orderly development of social economy.