Legal Regulation Of Distribution On The Value-added Benefits Of The Trademark On Goodwill After Trademark License Maturity

"Wanglaoji" and "Jiaduobao" trademark disputes has been ruled,but it attracted much concerned about value-added benefit of goodwill on trademark.The contribution of the licensee to the value-added benefits of the trademark on goodwill is obviously greater than the contribution of the licensor,who will own the value-added benefits,how to allocate it,it has always been the focus of concerned.In the market economy,goodwill as an intangible asset,is essential to the development of commercial subjects.In the "special permission ",if the value-added benefits of the trademark on goodwill is distributed,it is not only fair and favorable to the licensee,but also can promote the development and protection of trademark licensing system and Time-honored trademark corporation.Analysis the basic theoretical of goodwill,it is different between goodwill and trademark,protecting the trademark not only to protect the goodwill.Trademarks and goodwill are a dynamic partial coincident relations,dynamic refers to it is in the commercial subjects' business activities,the trademark and goodwill have some partial coincident relations.partial coincident relations refers to goodwill and trademark have some same things.but not everything is same.Trademark has its own function,it is the carrier of goodwill,but the carrier of goodwill is not only trademark,but also others.the economic value of the trademark is mainly composed of goodwill value.In the "Special permission",the value-added benefits of goodwill on trademark attracted much discussion,because it has its own legal dilemma,goodwill lack of independent legal status,the subjective aspect of goodwill infringement is too narrow,the factors on value-added benefits of goodwill on trademark is not clear,the ownership of value-added benefits of goodwill on trademark and distribution methods are not clear.The reasons are lack of attention and understanding to goodwill,the variety of goodwill,"special permission" is rare,and less controversy on the distribution in the past.After analyzing the experience of foreign countries,we can understand the reason of these problems.Through the analysis of the theory and trademark licensing system,the distribution of value-added benefits of goodwill on trademark is legitimacy.On the basis of predecessors' research,this paper solve the distribution of the value-added benefits of goodwill on trademark by means of the agreement or the compulsory license.However,the application of compulsory license should restrict the strict conditions.In the specific allocation system,we must know the factors that affect the value-added benefits of goodwill on trademark,and then use the analytic hierarchy process to allocate.