Research On Value-added Benefits Of Trademark Licenses

With the development of a knowledge-based economy,corporate awareness of trademark rights has become increasingly prominent,and the value of trademark values has become increasingly important.As a result,the licensing system for trademarks has gradually come into view.The trademark licensing system is one of the important systems in China’s Trademark Law.Generally,during the period of trademark licensing,trademark licensees use their high-quality trademarks to sell their products in order to improve the product’s competitive advantage.However,the provisions of the trademark licensing system in the "Trademark Law" in China are extremely limited,and it is difficult to solve the practical problems that are constantly emerging.In practice,when a trademark licensor licenses another person to use the trademark,the contradiction between the added value of the value-added benefit created by the trademark licensee after the expiration of the use period and the value-added benefit created by the trademark licensee becomes increasingly prominent.Simply think that a trademark belongs to a trademark licensor,and the conclusion that the value-added benefits of a trademark are attributed to a trademark licensor is too arbitrary.Scholars have carried out fierce discussions on this,and some scholars have tried to find reasonable theoretical cornerstones for resolving the attribution of trademark value-added benefits from the attachment system,improper gains,and no-cause management in the property law,although they have proposed relevant theories of civil law.There are obvious logical flaws,but after all,it reflects people’s understanding of the reasonableness of some value-added benefits obtained by trademark licensees in a certain period of time.The path to solve the intellectual property problem in the civil law system is worthy of recognition,but it ignores the profitability of commercial activities.The author believes that the contradiction in the trademark system should seek solutions to contradictions from the perspective of trademark rights and trademark value sources.First of all,if the packaging and decoration produced during the use of a trademark has a certain influence,it can protect the value-added benefits of this part of the trademark from the perspective of never registering a trademark.If it is original,it can also be protected by the Copyright Law..Secondly,the value of the trademark and its identification function are generated through market use.China upholds the principle of voluntary registration,and unregistered trademarks can also be used,but the use of trademarks does not create exclusive trademark rights.The right to exclusive use of trademarks is mainly generated through registration or well-known names.An unregistered trademark does not enjoy the exclusive right to use a trademark until it reaches the level of its name.However,if an unregistered trademark wants to become famous,it takes a lot of time to cultivate it.If it is not effectively protected in the process of trademark cultivation,malicious squats and other acts will occur.Therefore,the protection of previously used trademarks that have already formed a certain influence to prevent others from maliciously registering other people’s trademarks is both a requirement of commercial ethics and a need to improve the trademark licensing system.Finally,there are restrictions on the right,intellectual property rights as a monopoly rights,the Patent Law and the Copyright Law all have relevant system designs on the restriction of rights.Therefore,I believe that appropriate restrictions should also be imposed on trademark exclusive rights.In summary,the author proposes to solve the problem of distribution of value-added benefits of trademark licenses from the following three aspects: the protection of unregistered trademarks,the source of trademark value,and the limitation of trademark rights.