The Benefit Distribution Of "later Goodwill" In The Use Of Trademark Licensing

There are different regulations on the use of trademark license,which is also an important part of trademark law in China,in divercity countries.In our country,for the study of the theory of the trademark law is generally around the trademark itself,banned,study is given priority to,and relief for infringement of trademark licensing system compared with about the problem of the practice of not enough attention.In 2012,the trademark license of "wanglaoji" was approved,and the brand value of "wanglaoji",which was operated by the company for 17 years,was repossessed by GuangYao group with the end of trademark license.The commercial value of "wanglaoji" trademark has obviously improved significantly through the comparison of "wanglaoji" period.It was obvious that the huge amount of the company was not satisfied with it,and then transferred the goodwill of the "wanglaoji" brand to the new trademark by promoting the "red pot herbal tea".The case has aroused a wide discussion on the issue of interest distribution in the case of "after-sale goodwill",and many scholars have different views.At present,the mainstream view in China is the theory of unjust enrichment system,conception of accessio,and the under inified use mode.However,in the final judgment of 2017,the Supreme Court will deal with this issue in the under inified use mode,which has caused another academic debate.In this paper,the case of "wang lao ji",led by the series trademark license case about "added goodwill" of the focal point of the exposure is analyzed.Compare the advantages and disadvantages of the current mainstream views and point out the part of the law that should be adjusted in the "added goodwill" dispute and the part that should not be intervened.Finally,the enlightenment and the interest of how to distribute the "added goodwill" can be put forward to protect the two parties and consumers of the contract.