Conflict Of Interests And Balance Between Trademark Registrant And Goodwill Creator

With the rapid development of economy and society,the situation of China's market economy is complicated,and new legal problems will follow.The separation between the trademark registrant and the goodwill creator is becoming more and more common.However,China's current laws are blank in conflict resolution and interest balance between the two,or even if there are relevant regulations,they are not direct and detailed enough,and they lack practical operability.When the trademark registrant and the creator of the goodwill clash,it is often the time that the goodwill created by the creator of the goodwill is used to snatch the value of the goodwill that was created.Whoever obtains the benefit becomes the focus of disagreement.The settlement is also one of the prerequisites for achieving a balance of interests.Through the analysis of basic theories and the discussion of classic cases in practice,this paper discusses and finally puts forward some suggestions for the realization of the balance of interests.The text is divided into four parts:The first part focuses on the exploration of basic theories.It is proposed that the object of trademark right should be trademark and goodwill,and the emphasis should be on goodwill.The relationship between trademark and goodwill is not inseparable.Trademark is just one of the carriers of goodwill.The definition of the relation between trademark and goodwill is the key to solve and balance the conflict of interests between trademark registrant and goodwill creator.The second part summarizes the three general classifications of separation of trademark registrant and goodwill creator in China's practice,and analyzes each kind of typical case summary,from the practical case of summing up experience and theoretical knowledge as below in the ruling basis and analysis of theory and practice.The third part,the trademark registrant and the creators involved in conflict system were analyzed,and proposed the trademark registrant and goodwill created by the nature of the conflict reason lies in the realization of the trademark registrant rights affects the goodwill the interests of the creator.And summary to the system reasons for conflicts of interest,namely the protection for the trademark law of the trademark registrant monopoly is missing for the protection of the goodwill creator,trademark has the defects of the system itself and the lack of competition law of the coordination function.The fourth part Put forward the necessity of the protection of the creator of goodwill by trademark law.Then he pointed out that the principle of encouraging fair competition should be adhered to in the process of realizing the balance of interests to make up for deficiencies in legal regulations.Finally,the specific measures under the sharing,exclusive enjoyment,and compensation should be proposed based on whether or not the goodwill can be separated from the trademark,and the trademark can be improved.And the specific measures of the system.