The Licensee's Preemption Right In Trademark License

There are many regulations about the preemption right in our civil and commercial law,such as the preemption right of the house lessee.Because the house lease is quite similar to trademark license,it leads to the consideration of the licensee's preemption right in trademark license.This paper doesn't discuss the preemption right of licensee in patent license and the preemption right of licensee in copyright license.Because there are three differences between the exclusive right of registered trademark,the copyright and the patent right.First,the carriers of value are different.The value of copyright,patent right is attached to the work,invention and creation.The value of the exclusive right of registered trademark comes from the using behavior.Secondly,the transfer procedures are different.The transfer of the copyright adopts the principle of agreement.The application and transfer of the patent right adopt the principle of register.The transfer of the exclusive right of registered trademark adopts the principle of investigating.Third,the interests of consumers are different.The interests of copyright consumers are generally manifested in obtaining works.The interests of patent right consumers are generally manifested in obtaining patented products or patented methods.The interests of registered trademark exclusive right consumers are generally manifested in obtaining goods or services with specific goodwill.This paper discusses two questions about the licensee's preemption right in trademark license.First,do the licensee have the preemption when the licensor(theowner of registered trademark exclusive right)transfer the right? It's the logical starting point and the core question of this paper arguing the licensee's preemption right in trademark license.Secondly,if the licensee have the preemption right when the licensor(the owner of registered trademark exclusive right)transfer his right,what limits should they bear? To put it another way,to what extent can the licensee exercise the preemption right? Under what circumstances can't?On the first question,this paper mainly demonstrates that when the licensor(the owner of registered trademark exclusive right)transfer hisright,the licensee has the preemption right from three angles: the trademark system,the benefit balance and the legal effect.From the angle of trademark system,the reason why the licensee should be granted the preemption right is that the licensee has made an important contribution to the registered trademark exclusive right and has made adequate preparations for using the registered trademark;From the angle of benefit balance,the reason why the licensee should be granted the preemption right is that giving the licensee the preemption right will not hinder the interests of the licensor(the owner of the registered trademark exclusive right)and the third party and can protect the interests of the licensee and the consumer;From the angle of the legal effect,the defense effect of this preemption right is limited if it is merely agreed that the licensee shall have the preemption right;If the licensee is provided by law with the preemption right,then the defense effect of this preemption right is stronger.On the second question,this paper first introduces the existing provisions on the restrictions of exercising the preemption right,on the basis of which,combining with the specific factors of the trademark system such as goodwill and the type of license.This paper introduces two restrictions: first,if the licensee does not use a registered trademark after signing a license contract,he may not exercise the preemption right;secondly,the licensees of monopolization licence and exclusive licence have the preemption right,general licensee does not.