The Ownership Of The Laterforming Goodwill In Trademark License

With the development of market economy,the trademark is no longer the only bearer of goodwill,and various forms of trade dress is becoming more and more prominent for bearing the goodwill of goods.In terms of the currently popular shared bicycle,there are many kinds of them,such as "small yellow car","small blue car","small orange car" and so on.Market competitive units turn their main marketing strategy from advertising their trademarks to packaging and decoration of goods which is a part of trade dress." WONG LO KAT " case reflected the deficiency in relevant legal system of protecting the trade dress such as packaging and decoration of goods.The trademark license contract is the product of the market economy,figuring out the goodwill which the trade dress such as packaging and decoration of goods bears in the complex case such as trademark license is beneficial to the protection of the interests of the market competition.This paper use " WONG LO KAT " case as a perspective and take packaging and decoration of goods as a carrier of later forming goodwill as an example to explore the issue of later forming goodwill in the trademark licensing contract.By summing up the main points of the case and the different theories of the existing academic circles on the case,and then to prove the trademark and packaging and decoration of goods can be separated from the theory and the judicial practice.Introduce foreign law,draw on the experience from Japan to simplify the path of identification of the problem in China and accord to the paper give the revision suggestions about "Anti-Unfair Competition Law(Amendment)" Article 6 at the same time.