The Research On Dispute Of Trademark Transfer

Trademark is a kind of important intangible asset,it is also a kind of limited intellectual resources.In the process of optimizing the allocation of resources in the market economy,the change of the owner of trademark resource,which is called trademark transaction prosaically and trademark transfer legally,is inevitable.Trademark transfer is not only an objective economic phenomenon in the market,but also a significant problem in the legal reality.Current researches may have many defects such as empiricism guided,single case based,or real disputes ignored.So,holding the concept of empirical analysis,in the perspective of case study,in order to find the risk of trademark transfer disputes and investigate the legal issues reflected,hoping to provide some reference for the practice and further legal research regarding trademark transfer,this study was conducted.Obedience to the idea above,267 cases,which time spanned from 1998 to 2015,was retrieved from PKULAW database in this study.All these judicial documents' main points are trademark transfer contract dispute.After investigation including but not limited to statistics analyze and interpretation,I found that most important two types of trademark transfer disputes are contract breach and contract invalid.Among them,acquisition in good faith,gift contract identification in free transfer situation and entire transfer are most three serious legal issues.Based on these judicial documents,this study discussed the problems above.At the end of this study,ground on the related problems and issues reflected in the empirical analysis,I put forward a point of view upon improvement of rules and regulations,the burden of proof,and the internal management of enterprises about trademark transfer.