Research On Distribution System Of Value-Added Benefits Of Trademark Goodwill Under Trademark License

In the era of increasing development of intellectual property economy,the role of trademark is very important for enterprises to stand out in the market and develop in the long run.With the value of trademark being excavated and valued,trademark license system has gradually entered our field of vision.Generally speaking,trademark licensees choose to improve the recognition of their goods and increase their competitive advantage with the help of high-profile and goodwill-valued trademarks.However,the variability and complexity of the market determines that the development of trademark licensing system in practice will not be the same.The dispute between "Wang Lao Ji" and "Jiadobao" trademark series makes us see the opposite way of licensing.The model,"license first,then add value",raises a new and complicated problem-how to deal with the value-added benefits of trademark goodwill.The regulation of trademark license system in Trademark Law of our country is very limited,and it is difficult to solve the emerging realistic problems.In practice,the trademark license is no longer limited to the traditional model,that is,the trademark licensor to the licensee license itself has a huge goodwill value of the trademark,Nowadays,there are more and more phenomena in which the licensee creates the value of trademark goodwill during the period of trademark license,and the issues related to the value-added benefit of trademark goodwill created by the licensee during the use of the trademark are being paid more and more attention and discussion.It is urgent to perfect the trademark license system.On this basis,the theory of improper enrichment,trademark coexistence and so on,and on this basis to make an analysis of these theories.The fifth part is the construction of the distribution system,discusses the legitimacy and distribution method of the value-added benefit distribution,and puts forward the solutions to the existing problems.In the judicial practice,it also discusses how to use the principle of balance of interests and the rule of post-contract obligation.Through the above mentioned,we hope to provide a reference for the solution of the value-added benefits of trademark goodwill,so as to promote the rational allocation of trademark resources and the orderly development of market economy.