On The Protection Of The Licensee's Interests In Trademark Licensing

Trademark licensing is one of important systems in Trademark Law.In the duration of trademark licensing contract,it's necessary to find out how to allocate interest of added value of trademark and how to protect rights of licensees,who have spent lots of human resources and properties in raising the trademark's value substantively,especially when the licensees exclusively play main important role on the value raise.At present,our laws don't have regulations on whether the licensees have the right to ask for the added value and also how to divide it.However,judicial practices give more protection on rights of trademark holders.It's not fair if the allocation on added value of trademark lean badly to the trademark holders,given that it's probable for licensees to re-create value of trademark,although holders create it initially.In this case,it should be challenged inevitably that legislation and practices should lean to protect holders'right.Academic circles have different viewpoint on it.According to this paper,it's the most efficient and realistic to make balance on profits among different right subjects because fairness and justice is the soul of laws.In other words,we should give consideration to right of both licensees and holders.This paper mainly focused on how to protect licensees'right on the added value.The paper began with the case-Trademark Licensing Contract Dispute of Wanglaoji,and chose the right of claim on allocation of added value as the study object.Firstly,it described current situation of protection on licensees and made analysis on the reasons.Secondly,it discussed two different viewpoints on ownership of trademark value-added interest.Thirdly,it analyzed three sources of legitimacy for licensees'right on value-added interest,that is,labor property theory,fairness and principle of balance of interests.With comprehensive analyzing,it came up with it that the allocation should be relied on unjustifiable interest return system,where two parties negotiate the allocation proportion and holders make economic compensation to licensees.Finally,it suggested legislation should give the licensees right to ask holders for economic compensation as well as licensees should pay much attention to self-protection when signing contract.