A Study On The Problem Of The Exclusion Of Value - Added Interests By The Exclusive License Of Trademark

"Trademark" of the first case of the "Wong Lo Kat" trademark case of China was ruled by the China International Economic and Trade Arbitration Commission,and finally "Wong Lo Kat" trademark belonged to Guangzhou Pharmaceutical,but Group JDB was failed.Though this is a remarkable trademark case and has ended,the academic controversy still continue,especially the problem of the trademark permission after the use of the value-added benefits of segmentation is still worthy of our consideration. In Foreign countries,trademark value definition and benefit segmentation has been mature, But our country is still in the academic discussion and research on the stage. Presently there is no unified point of view,and there is no corresponding legal provisions.In accordance with the provisions of the "trademark law" The licensor could recover the trademark and fringe benefits since the permission of the deadline,but the licensee of value-added benefits does not require segmentation.So the legislation clearly has certain irrationality.Not only it is difficult to guarantee the protection of the interests of trademark licensor against the positive value of trademark,affect the value and the development of trademark system,but also is not conducive to the healthy and stable development of social economy.The author will take the case as the breakthrough point In this paper.I will analyze on the value-added interests between trademark licensor and Licensee benefit segmentation after trademark permission systematically.In the first part,I want to introduce the disputeof "Wong Lo Kat" case briefly,in order to acquaint the case initially.And then leads to the central argument of this paper and the problems to be solved. In the second part,the author will elaborate the basic types of trademark licensing,the driving factors of trademark value, related value-added part of the trademark and other basic theoretical knowledge.To define the basic theoretical knowledge of driving factors.In the third part,for The rationality of the trademark Licensee to share the value-added interests,the author analyzes fairness and justice,the principle of balance of interests in intellectual property law, property rights of labor,the purpose of legislation,and benefit consumers trust benefit protection.; In the fourth part, through the analysis and comparison of existing priority system, principle, the return of unjust enrichment system property value-added benefits of the advantages and disadvantages of segmentation concept,points out the legislative defects of trademark right under the legal framework of brand value-added part of the necessity of segmentation and imperfection.In the fifth part,through the exploration of trademark and goodwill, to recover the transfer buffer system, primary contract and post contract obligations stipulated in the contract, the economic compensation system,and puts forward some reasonable and effective suggestions on legislation, to solve the problem of the value-added benefits of trademark exclusive license of the segmentation to use.In this paper, the main method of empirical analysis method, case analysis method and through the analysis of literature will be used in this paper.This paper discusses the context from the real case, to explore the academic point of view, the existing theory achievement and reference to a large number of documents and judicial cases.The preliminary conclusion is on trademark exclusive license to use the value-added benefits of segmentation,be reasonable license segmentation value-added benefits,and the value-added part of the definition and evaluation methods,and then through comparison of the existing segmentation methods and concepts,getting the reasonable and feasible approach to the segmentation and legislative suggestions.The author made it clear that support licensees segmentation value-added benefits.Through the five aspects of rationality analysis to support their own ideas,and put forward the trademark and goodwill, to recover the transfer of exploration and new insights into the buffer system, primary and post contract obligations stipulated in the contract,the economic compensation system.That hope that through this paper’s writing, point out that trademark exclusive license to use the legislative defects of value-added benefits of segmentation initially to promote the legal construction of our country and protect the trademark licensor and licensee of the balance of interests.And then the practice of similar cases to provide a reasonable reference and solutions. Finally,we can effectively ease the social contradictions, avoid the waste of social resources and promote the healthy sustainable development of social economy.