Research On Licensee Protection System In Trademark License Contract

In the present society,with the continuous progress of science and technology,more and more cases of intellectual property into our line of sight is only the tip of the iceberg. Law should pay attention to hidden in so many cases the intrinsic reasons below,that is competition between enterprises intellectual property income.The "Wong Lo Kat" and "JDB"trademark rights case on the surface is two companies competing for the trademark, its essence is in the fight for market share and "Wong Lo Kat" trademark reputation.This paper is divided into the following sections:Part1:This part consists of introductions of the case about "Wong Lo Kat"and representative problems such as the effect of the contract,the calculation of the fees about trademark licensing,the red cans decorating controversial issues,the belonging about the value-added part of the goodwill.Part2:The second part is an analysis of trademark licensing contract the licensee to protect the legal issues involved. Its features include trademark brief elaboration, analysis of public trust, protect the interests of trademark and trademark sources of value produced in licensed use. On the rights and obligations of the licensee and its elaborate, introduce the type of license to use the trademark.Part3:This part mainly introduces the status of the goodwill’s ascription in trademark license in China and its legal analysis.Mainly analyzes the trademark value-added part of the ownership, the trademark and whether or not to separate the packing, packaging, packaging of negative goodwill of backwardness, the ownership of the decoration and other issues.Part4:This part is to analyze the status of protected trademark licensee of foreign right. Mainly introduced the United States, Japan and South Korea in the legal and related systems to the Licensee’s protection, so as to draw some inspiration.Part5:This part is to improve our trademark licensing contract proposal licensee protection system.Setting the terms of principle to guide the parties in accordance with their intention,so as to arrange the attribution of value-added benefits in the contract;Clear the relationship between trademarks and goodwill;Clear goodwill transplanted conditions.Pack- aging decoration and trademark can be separated;Put forward two specific criteria to determine the well-known product packaging and decoration vested interests.