| Known as the "Chinese trademark" the first case of "Wong Lao ji" trademark dispute occurred after “Guangzhou Pharmaceutical Group” and “Jia Duo Bao” around trademark attribution,advertisement and trademark attribution decoration belongs to a series of lawsuits,the essence of dispute between the parties is that during the dispute is mainly based on the interest of value-added license the efforts of the value of the trademark in the trademark license.China's current "trademark law" provisions for trademark license contract type,the licensee of the trademark license contract for the maintenance obligations,and the trademark owner's quality supervision,but the provisions of the trademark license trademark interest value-added is still blank,which caused a lot of disputes in the trademark license in practice,against the enthusiasm of potential licensee,hindered the trademark license system to play its due performance.This article will adopt the method of case study,comparative study and theoretical research.Firstly,this paper will review and put forward in the trademark license of "Wong Lao Ji" trademark dispute case,mainly because of the Licensee's contribution to the trademark value,what kind of theory on the value added distribution and how to carry out the reasonable distribution between the two sides based on;secondly,the interest of value added this paper will introduce the existing theory on the relevant theory and combined with the implementation of China's existing trademark system and Practice on this analysis,the author will eventually support value-added benefits in trademark licensing relationship between the rational allocation of ideas;finally,this paper will introduce the value-added benefits encountered in the specific allocation process and the difficulties existing specific allocation scheme,and on this basis for the value-added benefit allocation problem this paper advocates from autonomy and perfecting the relevant trademark law Laws and regulations to solve the problem. |
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