Research On The Distribution Of The Interests Of Trademark Exclusive Owners And Trademark Value Creators

In traditional trademark model, the trademark owner creates the value by using the trademark in a long-term, in which case the value creator and trademark owner are the same subject, and the benefits of the trademark value is naturally attributed to the owner. But in real life, the trademark owner and value creator may also be detached, even antithetical position, such as aroused widespread concern," Wong Lo Kat" trademark disputes. Our current trademark system focuses on protecting the interests of trademark holders. The value creators who are not registered trademark holders are only protected in the case of punishing squatting well-known trademarks. From the "Wong Lo Kat" trademark dispute, we can see that as the real contributors of "Wong Lo Kat" trademark value, Hong Kong Hong Tao Group, could not enjoy the achievements as the return of their own labor, but became a trademark infringer. Instead, the trademark owner can get all the benefits in the situation of pay nothing. Obviously, this is contrary to the people's notion of fairness and justice. Imbalance in the interests of economic entities will bring instability on the economy. With the development of social and economic model, the traditional model has been unable to effectively balance the interests of every right holder. The interests should be allocated between value creators and trademark owners to achieve the balance and stability of interests.This article is studying the distribution of interests between trademark owners and trademark value creators when they are not the same. This article is divided into four parts:The first part introduces the basic theory of the value of trademarks and trademark value creators, including how the value of the trademark is formed and developed, and the relationships between the trademark value creator and owner of the trademark; the second part is about the causes of interest conflict between the two; the third part describes the status quo of the distribution mechanisms of benefits between the two, pointing out the unreasonable factors, and indicates that the benefits should be allocated legitimately between the two from three aspects, including the existing principles and rules of civil law, the international theories, the principle of interests balance in intellectual property law; the fourth part is providing advices about making our trademark system better and establishing the interests allocation mechanism from the perspective of the legislative and judicial, to make it more operational to allocate the benefits legitimately.