Legal Research On Value-added Benefits Of Trademark Licenses

With the continuous integration and development of intellectual property and economy,commercial subjects have gradually realized the importance of mastering well-known trademarks.However,the current trademark law of our country is difficult to solve the emerging new problems in practice.China's current licensing system only focuses on the licensing mode?licensing fee?licensing period and some procedural issues.There is no clear definition of the definition of trademark licensing and the distribution rules of value-added benefits.After the expiration of the licensing contract,the general experience in practice is that the trademark belongs to the trademark owner together with the trademark,but when the value-added benefits of trademark licensing increase too much that the situation is much more predictable than that of ordinary people,it will cause disputes between the two parties if the value-added interests are solely owned by one party.After the case of jiaduobao and Guangyao,there are three opinions about the distribution.The first is that it belongs to the Licensor,the second is that it belongs to the licensee,and the third is that it should be shared by both parties.The holders of each point of view have their own reasons.Many scholars also seek solutions to the distribution of value-added benefits of trademark licensing from some systems and regulations in the civil law.Although there are certain rationality,there are certain problems.Following the logic of combining theory with demonstration,this paper puts forward problems and finds countermeasures,and studies from the following aspects: typical cases of value-added benefits and the distribution dilemma reflected by them,foreign analysis,legitimacy of distribution,legal nature and types,and trademark licensing in China Improve the distribution system of value-added benefits.Based on the above content arrangement,in addition to the introduction,the main contents are as follows:The first part is: first of all,through the analysis of Guangyao,jiaduobao and hongniu cases,the key points of the dispute are analyzed,so as to find out the difficulties faced by the existing distribution system of value-added interests in China.The first part is lack of the definition of the legal nature of value-added interests,the second part is lack of the legalsystem for the distribution of value-added interests,the third part is the lack of value-added interests for both parties Agreement arrangement.At the same time,it analyzes some existing theoretical distribution ways,and finds out their applicable advantages and disadvantages,and looks for the referenceThe second part is the analysis of the benefit distribution of trademark licensing.This paper analyzes the legislation and judicial practice in the United States,Japan and international conventions related to the distribution of trademark licensing value-added interests,and explores the current situation of international legislation and justice on this issue,looking for references.The third part mainly defines the meaning,composition and property of the value-added interest of trademark licensing,and divides the value-added interest into the internal value-added interest of trademark and the external value-added interest of trademark according to the relationship between the value-added interest and trademark.At the same time,the rationality of the distribution of the value-added benefits of trademark licensing is studied,which lays the foundation for the following attempts to build the trademark licensing distribution system.The fourth part is the construction of the profit distribution mechanism of trademark licensing in China.Based on the research of the first four parts,this part attempts to construct the distribution mechanism of value-added benefits of trademark licensing in China: first,set up the conditions,then clarify the principles that should be followed in the distribution,and then construct the specific distribution rules.Finally,it proposes that the guiding terms should be formulated to encourage both sides of licensing Signing agreements in advance,applying post contract obligation system to ensure the effect of distribution.