Study On The Legal Issues Of Value-added Benefits In Trademark Licensing

The trademark dispute between Wang Laoji and JDB is still a hot topic.There will be similar cases in the future.In China’s trademark licensing system,there are loopholes in the protection of the trademark licensee after improving the value of the trademark,which leads to more contradictions between the two parties after the expiration of the trademark licensing contract due to the legal issues related to the trademark value-added interests during the contract period.In this paper,the value-added benefits of Trademark License refers to that during the license contract period,the trademark licensee carries out investment and business activities such as advertising,packaging and decoration design,pays a lot of manpower,time,capital and other costs,provides high-quality goods or services,improves the public’s awareness of the trademark,and improves the value of the trademark itself compared with the original value.The ability of distinguishing and identifying trademarks is gradually improved,and the distinguishing value of trademarks has increased to a certain extent;the reputation of trademarks is gradually improved,and the reputation value of trademarks has increased to a certain extent.This paper mainly follows the idea of combining case analysis,comparative analysis,induction and deduction,from the trademark dispute between Wang Laoji and JDB leads to the contradiction of the value-added benefits of trademark license,through case analysis,studies the fairness and rationality of the distribution of the value-added benefits of trademark license.From the perspective of comparative analysis,this paper studies the written laws of the United States and Japan on the value-added interests and some real cases that have been tried,analyzes the legal status of the value-added interests of trademark licensing in the United States and Japan,dialectically treats them,and applies them to China’s laws and regulations in combination with China’s national conditions.Through the summary of experience,combined with the specific situation of the relevant judicial practice and legal provisions in China,this paper puts forward constructive suggestions to improve the legal issues of the value-added interests of trademark use license.By establishing and improving the legal evaluation and distribution system of the value-added benefits of trademark license in China,this paper creatively puts forward the step-by-step evaluation method of the value-added benefits of trademark license,and evaluates the value-added benefits of trademark license by using the initial value method,the value-added benefits method,and the two-stage cut method;determines the distribution principle of the value-added benefits of trademark license,and in the process of distribution,focuses on the following aspects Considering the proportion of contribution of both parties of trademark licensing,fair distribution is achieved to achieve the final balance of interests.By solving the legal problems of the value-added interests of trademark licensing,it is conducive to protect the interests of trademark licensees,and at the same time,it is helpful for our judges to try similar trademark disputes in judicial practice.