On Legal Perfection Of Ownership Of Value Added Benefits Of Trademark Based On Wong Lo Kat Case

The law always developed with the politics and economy, society’s development and perfection. In our country, the establishment of the socialist market economy and building a socialist country ruled by law, the relationship between economic development and legal system construction is more prominent, the economic development will continue to produce new problems, also produced new legal requirements. In many fields of law, especially the development of intellectual property law.Wong Lo Kat case involving trademark law, contract law, anti-unfair competition law and so on many domains, many legal problems, for example, how to protect the contribution to brand value brand lease, how to allocate the trademark value added value, the current law in these aspects are not sound enough, trademark holders and users can not very well to protect the legitimate rights and interests. Wong Lo Kat trademark case of trademark right value classification and quantification problem is the blank of the law in our country.In this case, the owner of the trademark and brand-building contributions are conflicted to each other, legal protection of intellectual property rights from the external form, but also a serious injustice, as the creator of the brand value did not receive due protection. This is the future legislation must face the problem. With the continuous development of our economy, gradually increased the number of trademark disputes, disputes type also emerge in an endless stream, we should try to perfect the trademark dispute of legal mechanisms to deal with the new environment, to ensure the smooth development of society.For enterprises, how to reduce legal risks in the fierce competition in the market, brand management is the basic demand of the enterprise management. Enterprises should be through a series of anticipated business arrangement and system design, to avoid disputes and so on cooperation, sharing the brand growth results; at the same time in the brand construction to should not only consider the reality, but also a long-term, not only to seek development, and win-win cooperation.