A Research On The Ownership Of Goodwill After Trademark License Termination

The rapid development of economy and promotion of trademark license have become widespread social phenomenon in a longtime, along with the legal problems are also increasing. In reality, issues of goodwill ownership have been exposed because trademark owners take back the huge goodwill created by the licensee after he permitted others to use the trademark. It is rashness to get a conclusion that goodwill belongs to the trademark owner purely as the trademark belongs to the trademark owner, so the goodwill value added benefit is attached to the trademark.The academia circles have had a heated debate on it,scholars set out to seek appropriate legal support from unjust enrichment, accession processing, priority system. Understanding the legal status of the goodwill ownership in our country, and analyzing the imperfection of goodwill in the practice is the premise to solve the problem of goodwill belongs. This paper mainly based on the experience and practice of the United States and other countries, analyzing the rationality and scientific nature of interest balance principle, restrictions on unfair competition rules, labor theory of property rights and buffer rule on goodwill attribution. For putting forward the specific measures to prevent and solving the problem of goodwill from goodwill protection legal system, trademark permission system and enterprise trademark management these three aspects, including confirm the legal status of the right,goodwill compensation mechanism, clear the interests of the goodwill rights value calculation method, formulate the essential clauses in the trademark license contract,explicitly agree on the ownership of the trademark value-added part, attaches great importance to the brand value, improve the quality of the enterprise brand strategy,and establish tight effective supervision mechanism,etc.