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Study On Risk Assessment And Prevention And Control Strategy Of Enterprise Trademark Licensing

Posted on:2021-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:S G WangFull Text:PDF
GTID:2439330602980312Subject:Intellectual property management
Abstract/Summary:PDF Full Text Request
Trademark license,also known as trademark authorization,is an important way for trademark owners to realize the value of their trademarks.Brand authorization based on it is regarded as "the most promising business model in the 21 st century".However,it is impossible for the trademark licensor and licensee to pursue more commercial interests without the existence of risks,which not only affect the transaction between the two parties,but also objectively hinder the smooth realization of the value of the trademark.From the perspective of the trademark licensor,this paper finds that there are a total of 17 risks in the process of trademark licensing,such as the risk of licensee's rushing to register associated trademarks,the risk of cultivating competitors,the risk of damage to the value of trademarks by commodity quality,the risk of licensee's non-standard use,and the risk that the license fee cannot be collected as scheduled.Since there are risks,enterprises should carry out risk prevention and control for the purpose of realizing transactions.However,if specialized management of each risk is not in line with the principle of cost and benefit,it is also impossible to fully realize it in practice.Based on this,this paper USES fuzzy analytic hierarchy process to quantify the various risk comprehensive weights in the enterprise trademark licensing,and with 3.0% of the comprehensive weight value to filter out the trademark licensee use non-standard,trademark is invalid,such as licensing fees cannot be punctually nine key risk factors,and USES DEMATEL method to analysis the relationship between the key risk factors: The risk of non-standard use by the trademark licensee,the risk of related trademark registration by the licensee,the risk of copyleft infringement,the risk of invalidation of the trademark right,and the risk of damage to the value of the trademark by commodity quality are the key risk of inducement,which can easily lead to the occurrence of other key risks.Enterprise trademark license risk prevention and control strategy should be based on the results of risk evaluation,risk prevention and control of strategy shall at least include:for key risks may be formulated with standardized management measures,timely comb a trademark registration conditions,to investigate whether rights defective,carefully chosen the trademark licensee,strengthening the quality supervision and comprehensive response;Improper for licensing strategy,license fees are reduced and goodwill misallocation ofbackwardness,low risk is risk retention measures,in view of the licensee product and brand positioning chaos,licensor shall pay liquidated damages,commercial secrets for the moderate risk such as dynamic monitoring measures,against unfair competition risk and trademark licensing fees assessed low risk of risk should be taken to avoid or control means to control and prevention.
Keywords/Search Tags:Trademark license, Risk assessment, Risk prevention and control, Fuzzy Analytic Hierarchy Process, Decision Making Trial and Evaluation Laboratory
PDF Full Text Request
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