Research On The Legal Benefit Sharing Of Packaging And Decoration In Trademark Licensing

In the era of attention economy,people's spiritual and cultural needs continue to improve,and the importance of packaging and decoration is increasingly prominent.In the trademark license contract,the trademark owners and the trademark licensees lack of foresight and attention to the value of packaging and decoration,which leads to disputes over the expiration of the trademark authorization period.In 2012,Guangzhou Pharmaceutical Group Co.,Ltd.(hereinafter referred to as "Guangyao group")sued Guangdong jiaduobao beverage and Food Co.,Ltd.(hereinafter referred to as "jiaduobao company")for the infringement of packaging and decoration.Considering the contribution of both parties to the legal interests of packaging and decoration,the court finally decided that both parties share the legal interests of packaging and decoration.The sharing of legal interests in packaging and decoration is a special path to the ownership of legal interests in packaging and decoration.On the premise that trademark and packaging decoration can be separated,the legal interest of packaging decoration usually belongs to trademark owner or trademark Licensee.If the case judges the legal interest of packaging and decoration to the trademark owner,it may improperly expand the scope of influence of the trademark right and devalue the labor value of the trademark licensee;if the case judges the legal interest of packaging and decoration to the trademark licensee,it may neglect the important role played by the trademark goodwill.In addition,it is difficult to measure the contribution of both parties as an abstract concept,so sharing the legal benefits of packaging decoration becomes a sub optimal choice.Although sharing the legal benefits of packaging decoration can settle disputes,there are some problems in the long run.The legal interest sharing of packaging decoration does not eliminate the confusion brought by similar packaging decoration to consumers,and the "legal interest sharing" does not clearly affect the subsequent relevant judicial decisions.Although the court made a final judgment,the adverse effects of the judgment still need to be properly resolved.This paper holds that to solve the problems brought about by the sharing of legal interests in packaging and decoration,we should start from three aspects.First of all,we should foresee the legal value of packaging and decoration when we draw up the trademark license contract,and embody it in the contract as soon as possible.In addition,improve the relevant legal provisions to provide guidance for judicial practice.Secondly,during the period of legal interest sharing of packaging and decoration,it is necessary to clarify the rights and obligations of the sharers.The so-called "sharing" should be the sharing of use rights and interests.The legal interests of packaging and decoration belong to the trademark Licensee.The trademark licensee has the right to respond to the lawsuit and obtain the third party's infringement compensation.Finally,the buffer period scheme is designed to solve the confusion brought to the market by sharing the legal benefits of packaging and decoration.After the end of the buffer period,the trademark owner loses the right to use the packaging and decoration,and the right to use the packaging and decoration returns to the trademark Licensee.The buffer period scheme compensates the trademark owner in time and market,avoiding calculating the abstract contribution of goodwill and meeting the expectation of trademark owner.Sufficient buffer time is enough for trademark owners to readjust production,and at the same time,trademark licensees can also carry out effective publicity,so as to achieve the balance of interests between trademark owners and trademark licensees.