Research On Benefit Distribution Of Trademark Licensing Add-up Value In China

The value-added interests of trademark licensing arise from trademark licensing.However,the current trademark licensing system in China focuses more on regulating the behavior of the parties involved in the licensing relationship,so as to ensure the development of trademark functions and protect the interests of social consumers,without paying special attention to the value-added interests of trademark licensing.Based on the structure of the current trademark licensing system,the implied rule of the distribution of the value-added interests of trademark licensing is that the value-added interests of trademark will be withdraw by the trademark owner along with the return of the trademark right.However,since 2012,a series of disputes between JDB and WLJ over the value-added interests of trademark licensing have formed a certain impact on the above implied rules,exposing the insufficient protection for licensee's interests in trademark licensing in the implied rules.At this point,the distribution of the value-added interests of trademark licensing has entered the view of trademark academia and practice circles.In view of this problem,This paper mainly systematically study the distribution of value-added interests of trademark licensing in China relying on the current judicial practice and research status of the distribution of value-added interests of trademark licensing,so as to find a way out for the construction of value-added interests distribution of trademark licensing in China.This paper combines theory with demonstration,raises questions and seeks the countermeasure,and carries on the argumentation and research from the following five aspects: Overview of the value-added benefits of trademark licensing,justification and feasibility study of distribution of trademark licensing value-added interests,the extraterritorial analysis of the distribution of trademark licensing value-added interest,the present situation and predicament of distribution of trademark licensing value-added interests in China,Consideration on constructing the distribution mechanism of trademark licensing value-added interest in China.Based on the above arrangement,except for the introduction and conclusion,the main content structure of the paper is as follows:The first part is the overview of the value-added interests of trademark licensing,which is the basis of this paper.This part mainly defines the meaning,composition and equity nature of the value-added interest of trademark licensing,divides the value-added interest into the internal value-added interests of trademark and the external value-added interest of trademark according to the relationship degree with the trademark,and defines the value-added interests of trademark licensing as a legitimate civil right that should be protected by law.The second part is the legitimacy and feasibility of distribution of trademark licensing value-added interests.This part puts forward the labor property theory of Locke,the interest balance principle of intellectual property law and the legislative purpose of "trademark law",which provides a theoretical basis for the legitimacy of the distribution of trademark licensing value-added interests.The separability and valuability of the value-added benefits of trademark licensing further provide the feasibility for the distribution of the value-added interests of trademark licensing.The third part is the extraterritorial analysis of the distribution of trademark licensing value-added interests.By way of comparison,this part sorts out and analyzes the legislation and judicial practice of countries with common law system represented by the United States,civil law system represented by Japan,the legislation and judicial practice related to the distribution of the value-added benefits of trademark licensing in international conventions,and probes into the international legislation and judicial status of this problem,looking for laws to use for reference.The fourth part is the research on the current situation and predicament of the distribution of the value-added interests of trademark licensing in China.This part synthetically uses the research method of normative analysis and case analysis.Based on the analysis of the current legal system,theoretical research and judicial practice of the distribution of the value-added interests of trademark licensing in China,this part points out that the distribution of value-added interests of trademark licensing in China is faced with such difficulties as the lack of definition of the value-added interests nature,the lack of the claim right basis for distribution,the neglect of the protection of the interests of licensees and the weakness of the pre-distribution of the value-added interests of citizens.The fifth part is the consideration on constructing the distribution mechanism of trademark licensing value-added interest in China.Based on the research of the four parts,this part considers the construction of the distribution mechanism of trademark licensing value-added interests in China.After clarifying the principles to be followed in the distribution of the value-added benefits of trademark licensing and the subjects involved in the distribution,it is proposed that the guiding provisions for the distribution of the value-added interests of trademark licensing should be formulated and the post-contract obligation system should be applied.In addition,specific construction ideas and suggestions are proposed for the different components of the value-added interests of trademark licensing--distribution of the internal value-added interests of trademark and the external value-added interest of trademark.Finally,on the basis of the above system construction,the research results are once again applicable to the practice case--"JDB and WLK series cases",which has triggered the discussion on the distribution of the value-added interests of trademark licensing.