The Legal Research Of The Ownership In "Later Forming Goodwill"

The most important part constituting a company’s intangible assets is goodwill.In the develaopment of an enterprise,it also plays a vital role.Goodwill,not only is it an intangible assets for enterprise and the symbol of the company’s market share,but a secret weapon for those enterprises in this era of increasingly competitive market economy.Nowadays,In this big era background,with the innovation of science,technolaogy and business model,such unprecedented new things is promoting the develaopment of social progress,meanwhile,all kinds of legal issues still hide.With respect to the red cans of herbal tea “Wong Lao Kat”,a series of battles between Guangzhou Pharmaceuticals Corporation and JDB Beverage Co.Ltd(Hong Kong Hongdao Group),are very representative for these new,knotty cases.Different from the past,the attached huge goodwill on the trademark of the red cans,which was created by Hong Kong Hongdao Group,during the process of trademark licensing.Instead of the owner Guangzhou Pharmaceuticals Corporation,the goodwill that red cans was given,is the “later forming goodwill”,created by licensee Hong Kong Hongdao Group independently.Before 1997,“Wong Lao Kat” was only a regional tea brand in Guangzhou.With high capital operation and correct marketing,Hongdao Group has successfully transformed "Wang Lao Kat" from a regional brand that is only well-known in Guangzhou,into a well-known brand in China and abroad,after obtaining the trademark license.Hongdao Group,as a licensee that was allaowed to use the brand,instead of the owner.But in this case,it has created a huge reputation for the success of the trademark.When the trademark license expires,the ownership of “Wong Lao Kat” will be returned to the trademark’s rights group,Guangzhou Pharmaceuticals Corporation,the fact that is indisputable.But the attribution of “later forming goodwill” generated by the efforts of Hongdao Group is still a blank spot in the legislation,which is an issue of both theoretical and practical value,which deserves our consideration.This paper brings up the point of entry into the issue of "later forming goodwill" of the "Wang Lao Kat" herbal tea case in red cans,to tease the issues about “goodwill”,“later forming goodwill” and trademark.In order to put forward the solution to the attribution problem of "later forming goodwill",the article divided into four parts: the first chapter mainly introduces goodwill and “later forming goodwill” and their essence and connotation,the paper expounds the relationship between goodwill and “later forming goodwill”,introduces the origin of goodwill,types,characteristics and carrier provides the basis for the research of belaow.The second chapter introduced the business reputation and it’s belonging in China which still exists many questions at this stage.As basis for the solutions what we raised next,chapter two analyzed those questions.The third chapter mainly introduces the distributable legitimacy “later forming goodwill”,first of all,clear trademarks and goodwill have separability,it has no relations,this is the premise of the research on the attribution of "later forming goodwill”.Secondly it analyses the “later forming goodwill” belaongs to the theoretical foundation of the licensee.The last chapter mainly introduces the solution and the system construction of the attribution of the “later forming goodwill”,and proposes the feasible plan and legislative proposal from the actual point of departure.