Research On The Quality Supervision Obligation Of Trademark Licensor

With the increasing frequency of commercial trade and the rise of the trademark quality assurance function,the trademark licensing system has entered the historical stage.On the one hand,trademark licensing has a positive significance,but at the same time brings the risk of unstable quality of goods or services.In order to ensure the consistency and stability of the quality of goods or services attached to the same trademark,in order not to affect the identifying characteristics of the trademark as much as possible,and to protect the legitimate rights and interests of consumers and maintain a good market economic competition order,trademark licensing It is extremely important to impose the necessary restrictions on behavior.Although the trademark licensor ' s quality supervision obligation is clearly defined in China 's trademark law,the failure to fulfil the standard of this obligation and the possible legal consequences of failing to perform this obligation have made the obligation an unreal obligation and created reality The performance in China is not satisfactory.Therefore,the issue of trademark licensor's quality supervision obligations is worth studying.First,the question of whether this obligation should be regulated by law.The author believes that considering the legislative purpose of China's socialist government and trademark law,safeguarding the legitimate interests of consumers is one of the legislative purposes of trademark law,and any interest must not override the interests of the public.Therefore,it is extremely necessary to forcefully regulate the licensor's quality supervision obligations by law.In addition,it addresses the issue of inconsistency in the implementation of this obligation in practice.The author recommends a two-pronged approach of written control and substantive control.In the specific judgment,the product quality consistency standard should be the main,and the auxiliary expectation standard should be comprehensively determined.Finally,address the issue of lack of relevant legal responsibilities.The author proposes to draw on the US system of "naked permission loss of authority",combined with China's practice,to introduce the corresponding waiver system and add the necessary tolerance system.The establishment of this system can not only urge trademark licensors to actively fulfill their quality supervision obligations,but also give trademark owners a certain opportunity to make up,that is,to ensure the consistency of thequality of goods or services through active rectification measures within a certain period.In addition,on the principle of blame,the author suggests that the trademark law should make it clear that the trademark licensor bears no-fault liability and joint liability,so that consumers can have more choices when defending their rights,get a greater chance of winning the case,and effectively protect consumption The legal rights of the individual.I hope that through the author's research,we can enrich the relevant theories and provide some reference suggestions for the improvement of China's trademark licensor quality supervision system.