On The Commodity Quality Supervision System Of Trademark Licensor

Trademark is a social product under the commodity economy.It is the product of material production to a certain extent so that commercial competition develops to a certain stage.Therefore,since its birth,trademark naturally has the attribute of distinguishing the goods or services of the trademark owner from the same or similar goods or services provided by others.According to the basic theory of Marxist political economy,the development of commodity production economy has experienced two main stages: simple commodity production economic society and complex commodity production economic society.In the initial stage of the development of commodity economy,due to the initial formation of the market system and the relatively low technical level of social labor production capacity,although there is a competitive soil to maintain the existence of trademarks in the simple commodity economy stage,it lacks the necessary conditions for the birth of trademark licensing system.In fact,the original and most basic function of trademark is to identify the source,that is,to distinguish the function.As for other functions such as quality assurance and advertising,they are derived from the highly developed commodity economy.Today’s world is in the stage of developed commodity economy with increasingly perfect market and explosive rise of productivity.The original trademark quality assurance function is playing an increasingly important role.In order to fully mobilize social productivity and comprehensively promote commercial brands,the system innovation of trademark licensing came into being.The attribute of things follows the principle of contradiction universality.Like two sides of a coin,the birth of the trademark licensing system not only brings benefits,but also accompanied by the crisis caused by the separation of the trademark owner and the source of goods,that is,the weakening of the trademark quality assurance function,erodes the basic function of the trademark,and finally leads to the systemic functional crisis of the trademark system,which is contrary to the policy spirit of China’s intellectual property power.In this context,this paper chooses to study the trademark licensor’s commodity quality supervision system,in order to plug the loopholes from the source,improve the relevant systems,and avoid or at least reduce the possibility of crisis.Firstly,this paper analyzes the theoretical disputes existing in the trademark licensor’s commodity quality supervision system and the current situation of the vacancy of the relevant system in China,focusing on the qualitative problem,which is the basis of the trademark licensor’s commodity quality supervision;Secondly,this paper demonstrates the natural value and necessity of the trademark licensor’s commodity quality supervision system,focusing on what kind of trademark licensor’s commodity quality supervision system is advocated and the legal basis for the existence of the system.At the same time,this paper analyzes and draws lessons from the experience of constructing the trademark licensor’s commodity quality supervision system in American law,so as to provide a useful reference for the construction of relevant systems in our country.The first chapter briefly describes the commodity quality supervision,which leads to the debate origin of commodity quality supervision,and points out the qualitative dispute problems existing in commodity quality supervision and the current situation of the legal vacancy left in China’s quality supervision system.This chapter focuses on the dispute over the nature of trademark licensor’s commodity quality supervision,analyzes its dual nature of rights and obligations,and prepares for the following demonstration of its necessity and inevitability.The second chapter expounds the natural value and necessity of the trademark licensor’s commodity quality supervision system,demonstrates the due meaning and legal basis of the trademark licensor’s commodity quality supervision system,and introduces many theories and practical experience of American Law on this issue,so as to lay a foundation for the construction of the trademark licensor’s commodity quality supervision system with Chinese characteristics.The third chapter provides a tentative scheme for the improvement of the trademark licensor’s commodity quality supervision system through macro theoretical guidance and micro system construction.At the macro level,based on the theoretical cognition of incomplete private rights and public policies of trademark rights,improve the commodity quality supervision system of trademark licensors,so that the interests of private rights and public rights can be balanced on the premise that the private rights of trademark rights can fully mobilize market efficiency,so as to help China build a powerful country with intellectual property rights;At the micro level,this chapter expounds the system loopholes existing in the current trademark licensing from three aspects: the judgment standard,judgment content and legal responsibility of the trademark licensor’s commodity quality supervision system,and provides corresponding solutions.