A Study On The Protection And Distribution Of The Benefits Of "Latered Goodwill"

As a corporate value other than tangible assets,goodwill is the soul of corporate culture,and is a magic weapon for companies to win in this increasingly competitive era of knowledge economy.At the same time,as one of the carriers of goodwill,the use and transfer of trademarks will have an impact on goodwill,and will also cause problems related to goodwill due to the licensed use of trademarks."Post-launched goodwill" refers to the fact that the licensed trademark has not obtained significant goodwill before the license is used,and that part of the value-added goodwill obtained after the licensee has developed and used it.At present,due to the inadequacy of the relevant provisions of the trademark licensing system in China's "Trademark Law","late goodwill" cannot obtain its due legal status.In practice,the protection of "late goodwill" benefits is even more The embarrassing situation of being unable to rely on and being at a loss.With the rise of the knowledge economy,the value of trademarks has been discovered and valued,which has brought new development opportunities for the trademark licensing system.As a new type of trade cooperation,trademark licensing will be more widely applied in practice,so it is necessary to improve the Legal protection mechanism for "goodwill" interests.Pay attention to the protection of the legitimate rights and interests of the parties to the trademark license,rationally define the benefits of "commercial goodwill",and distribute the contributions and contributions of the benefits of "commercial goodwill" in a fair and reasonable manner according to both parties,and establish a set of Effective dispute prevention measures and benefit distribution mechanisms promote the win-win cooperation of both parties and maximize social benefits.This article takes the "Wang Lo Kat" trademark dispute case as a research perspective,and divides it into four parts to conduct a systematic study on the protection and distribution of "post-developed goodwill" benefits.The first part is an introduction.First,it briefly introduces the "Wang Laoji" trademark dispute case,sums up the focus of the dispute in the case,elicits the issue of the protection and distribution of the "post-developed goodwill" benefits studied in this article,and then discusses the topic of choice.The significance of this research,the current status of research on this issue at home and abroad,the methods used in this article,and the innovations and deficiencies of the research.The second part starts from the basic theory,firstly introduces the concept of goodwill and its legal characteristics,the status of protection of goodwill in China,and then analyzes the generation and connotation of the benefit of "post-developed goodwill".The status quo of the protection of interests and the recognition of the benefits of "post-developed goodwill" lay a theoretical foundation for the following research.The third part is the analysis of the legitimacy of the benefit distribution of "post-developed goodwill".First,the relationship between trademarks and goodwill is clarified.That is,goodwill and trademarks are not inseparable.The two are mutually independent and affect each other.Has its own value.Then it expounds the theoretical basis of the benefit distribution of "post-developed goodwill" from three aspects: Locke's labor principle of property rights,the principle of balance of interests,and the purpose of the legislation of intellectual property law.The fourth part is the construction of the benefit distribution mechanism of "post-developed goodwill".Based on the discussion of the first three parts,the practical measures for the establishment of a legal mechanism for the benefit of "post-developed goodwill" are proposed."Goodwill" benefit distribution method,that is,the AHP method is used to determine the distribution ratio between the two parties of the trademark license.Then it puts forward suggestions to improve the benefit distribution of "post-developed goodwill",that is,on the one hand,starting from the trademark license contract,improving the various terms of the trademark license contract,on the other hand,applying post-contract obligations,and allowing the licensee to inherit advertising,etc In a reasonable way,it reversed its "latecomer goodwill" benefits,and finally put forward feasible legislative suggestions in order to provide a reference idea for the settlement of similar disputes.