Quality Supervision Duty Of Trademark Licensor

Trademarks are the product of the development of the commodity economy to a certain stage,and are the result of the use of self-made marks or symbols in the common field in the commercial economy.The function of the trademark is not static.It has evolved with the development of the social economy.The trademark has been given more important functions of quality assurance and advertising from the early single source identification.The quality assurance function of trademarks is an important theoretical basis for the legalization of the licensing system.This function requires that the products with the trademarks maintain a stable and identical quality.At the same time,in the process of the development of the trademark licensing system,based on the quality assurance function of the trademark,the quality supervision obligation of the trademark licensor went to the stage..This article is divided into four parts,The first part defines the licensor's quality supervision obligations,clarifies the concept and nature of quality supervision in trademark licensing,and clarifies the dual attributes of quality supervision behavior rights and obligations.Quality supervision is not only the right of trademark right holders to maintain goodwill,to increase the income,and it is also the obligation of trademark owners to protect consumers and public interests.The second part of this article demonstrates and explains the rationality of quality supervision obligations from three aspects: the quality assurance function of trademarks,the protection of consumer interests,and the product liability of trademark licensors.The quality assurance function is one of the basic functions of the trademark,which provides a theoretical basis for the trademark licensing system and requires that the goods with the same trademark have a stable quality level.Therefore,the licensor should ensure that the quality of the licensee's goods is stable and bears the obligation to supervise the quality of the goods.Consumers are one of the stakeholders in the trademark law.The value of the trademark comes from the consumer's psychological identity and brand loyalty.Without the consumer,the value of the trademark will not be discussed.Therefore,the trademark law should ensure that the quality of the goods or services ultimately obtained by consumers is comparable to the expected judgment.When the goods bearing the license mark cause damage to others due to quality problems,the trademark owner is based on its effective participation in the production and distribution process of the product,the physical connection with the product defect,the abuse of the trademark license and the consumer's trademark Trust needs to bear the corresponding product infringement liability.Therefore,the product liability of the trademark owner requires that it should have certain supervision and control over the quality of the product.At the end of the second part of this paper,there is no independence for the trademark quality assurance function.The trademark law should not regulate the product quality,and the trademark quality assurance function has been diluted.From the evolution history of trademarks,legislation and judicial practice,the quality assurance function of trademarks should be a function of independent protection of trademark law.The quality of trademarks and regulations is not only the protection of the interests of consumers but also the protection of the rights of trademark owners.As the trademark promotion function is increasingly strengthened and the symbol value is increasing,the quality assurance function of the trademark has not diminished,and it still plays a guiding role for consumers.The third part of this article introduces the quality supervision system in the US trademark licensing.This paper analyzes the theory and practice of this law in the US law from the aspects of the quality supervision judgment standard and the legal liability of the trademark licensor to violate the supervision obligation.In the standard of quality control of trademark licensors,most of the US case law adopts the " behavioralism " judgment standard in "actual control",requiring trademark licensors to implement substantive monitoring of the quality of goods and the reasonable degree of doctrine monitoring avoids formation.Monopolistic behavior.When the trademark licensor fails to fulfill the supervisory and control obligations,the United States implements a naked licensing system.That is,when the trademark owner fails to fulfill the quality control obligation and the trademark is separated from the commodity and cannot function as a quality guarantee,the trademark owner is deemed to have renounced the trademark right,and the trademark license is a naked license.The US naked licensing system not only helps to protect the interests of the public and consumers,but also promotes the rights of trademark owners to actively exercise their rights through the serious consequences of trademark loss.It also plays an important role in protecting trademark rights.At the same time,the consequences of the overall deprivation of trademark rights in the naked licensing system are too serious.Today,there are certain limitations in the variety of trademark licensing methods,which require further polishing and improvement.The fourth part of this article points out the shortcomings of the quality supervision system of trademark licensors in China.China's "Trademark Law" only has a general principle for the quality supervision of trademark licensors,and does not specify the standards and contents for the quality supervision of trademark licensors.And the legal responsibility for breach of this obligation is also blank.Other laws are also vague about the legal liability of trademark licensors for violating quality supervision obligations.Based on the fourth part,the fifth part of this paper puts forward suggestions for the improvement of the system in China through comparative study in American law.Firstly,the “behavioralism” standard in “actual control” is clearly adopted as the criterion for judging supervision behavior,and case review is conducted in combination with the specific case.The specific content of the trademark owner should also be carefully selected from three aspects: carefully screening the licensee,strictly controlling the quality of the goods,and restricting the re-licensing of the trademark.On the assumption of legal responsibility,it is recommended that the licensor not include the quality supervision obligation in the case of revoking the trademark right in accordance with the application,and in conjunction with Article 68 of the Implementing Regulations of the Trademark Law,the product liability of the trademark licensor shall also be Further clarification.