Research On Licensed Use Of Common Trademarks

In the context of " the Silk Road Economic Belt and the 21st-Century Maritime Silk Road initiative" and the globalization of trade,China's economy has ushered in a once-in-a-lifetime opportunity for development,while at the same time it puts forward higher requirements for the market competitiveness of local enterprises in China.And the market competition is also the brand competition,as the brand value carrier,function of the trademark has been converted from the original as the symbol to distinguish the source of goods to the consumer's recognition of product quality and goodwill logo,The legal relationship with trademark as the object is becoming increasingly complex.Sharing of trademark rights is a common concept at home and abroad,and the fifth article of the current trademark law of our country stipulates the registration and acquisition system of common trademarks,which is the first time that China has confirmed the common trademark system.In most countries of Anglo-American law system and Civil law system,common trademarks are defined in trademark law.In addition,international treaties such as the Paris Convention for the Protection of industrial property and the Madrid Agreement on the international Registration of marks also clarify the concept of shared trademarks.On the other hand,as an important way for trademark owners to exercise their trademark rights,trademark license can not only bring a substantial return on benefits in the production and operation activities at low cost or even 0 of the cost for the licensor.And for the licensee,it can expand the market rapidly with a strong reputation of the trademark that has been used in the market and develop their own business.Common trademarks have evolved from a "last resort" to a trademark co-winner of the way.Because of the Multi-subjectivity in the Common trademark license,the legal problem of the common trademark license is more complicated.In the field of intellectual property,China has made provision for the licensing of common patents in the patent law,but there is no clear provision for the licensing of common trademarks in the trademark law.Therefore,the study of the issue of common trademark licensing has a strong practical significance,which is helpful to improve China's common trademark licensing system and solve the problems encountered in judicial practice.First of all,this paper expounds and analyzes the concept,types and related basic concepts of common trademarks,such as common property rights and common patents.Secondly,combining with the case of "infringement of the" common trademark rights of China's 50 major cases of intellectual property rights in 2016,thispaper combs the present situation of the problem of common trademark licensing in recent years,and puts forward three key problems to be solved in this article.Thirdly,this paper makes an in-depth analysis of these three key issues,that is,the rationality of the unilateral ordinary license of the common trademark,the distribution of benefits among the subjects and the distribution of rights and obligations among the subjects.Finally,on the basis of the previous discussion,drawing lessons from the institutional experience of the relevant countries and international conventions,this paper puts forward some concrete suggestions on the licensing system of common trademarks in China,first is to establish the unilateral ordinary permission of the subject of common trademark rights;second is to complete the quality supervision system of licensed goods,and to prohibit "naked license";thirdly,to make clear the system of benefit distribution in common trademark license.