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Study On The Ownership Of The Interests Increased During Trademark Licensing

Posted on:2018-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:J Y YuanFull Text:PDF
GTID:2346330536475960Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the core of intellectual property rights under knowledge economy system,trademark license already develops into the promoted primary tool and methods of knowledge economy,but also bring about lots of legal issues and disputes.In General,the logo has certain reputation in the trademark license and always be "free-ride" or "near the famous brand".In recent years the "i Pad","Wang Laoji" and "Baoqing" trademark licensing case presents a different "scene",They are not known before licensing.on the contrary,they become known throughout our country by the marketed strategies and other innovations of licensee,which not only added the value of the trademark itself,and also brought enormous value and legal interests.Therefore,the disputes of trademark licensing such as "To whom should the increased interests during the period of trademark license belong?How to allot the increased interests?Is it legal that the licensee divert the increased interests from licensor to himself?" However,the academia and practical circle can not found a sound strategy,and lacking of corresponding law.We would be lost after disputes,which bets the theorists and practitioners to think again.This article try to spread something in this context.The paper consists of three parts:introduction,text,conclusion.The preface section mainly introduces some contents about the background,research status,research methodology,and academic innovation.Meanwhile,the article Makes a restrictive explanation to core content scope of this article.The text consists of four parts:The first part discusses the concept of the increased legal interests of trademark license.On one hand,clearly defining trademark licensing concept and connotation of increased interests,on the other hand,by comparing the increased interests of the trademark license with related terms,in order to more comprehensive awareness of the increased interests of trademark license.The second part mainly summarizes and comments on the core problem of the existing theory,pointing out the current theory is lack and deficiency,which does not seize the core factors of solving the problem of trademark licensing.it is not persuasive and feasibility.The third part sum up the legislative provisions and theoretical research about the ownership of the increased interests in the extraterritorial application(in the United States,for example).One side,we can get more comprehensive and clear understanding of related issues,founding some considerations in dealing with related issues in outside.On other side,basing on the criticism of the legislation and practice about related issues in abroad,which can learn some superior experience on resolving the core issue of this study.The fourth part centres on discuss consumer confusion is the key idea on the system design of trademark license.otherwise,the trademark licensing system should consider the standard of likelihood of confusion.Moreover,we need put principle of interests balance into practice while making the auxiliary system.That is to say,neither should be overemphasized at the expense of the other.The theory of consumer confusion is a foundation,but principle of balancing of interests play a complementing and adjusting role.So i study the rights and obligations between the parties and relevant supporting measures In the perspective of the principle of balancing of interests,in order to ensure the ownership of the increased interests establish compulsory and balance the interests between parties.The conclusion part,summarizing this article viewpoint and forecasts the trademark licensing system.
Keywords/Search Tags:Trademark License, the Ownership of the Increased Interests, Likelihood of Consumer Confusion, Balance of Interests
PDF Full Text Request
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