The Construction of the Balancing Mechanism of Trademark License Interests
Year: 2024
Type: article
Abstract: The trademark licensing system is an important system stipulated by the Trademark Law. How to allocate the added value during the trademark licensing process between the trademark licensor and the licensee, and how the licensee compensates or compensates the trademark licensor for the depreciation of the trademark value, are not stipulated in the Trademark Law and are legal gaps. Starting from the "Wang Lao Ji" trademark dispute case and the "Red Bull" trademark dispute case, studying how to construct a mechanism for balancing the interests of both parties after the termination of the trademark licensing contract has become an urgent practical problem that needs to be solved. Trademarks are intangible assets, and their value evaluation is the primary issue. Secondly, whether to apply the contractual obligations based on the trademark licensing contract or whether the parties to the contract reach a goodwill coexistence agreement through negotiation, and then study and formulate guiding legal provisions that balance the interests of the trademark licensor and licensee, in order to provide fair protection for the rights and interests of both parties while taking into account social and public interests.
Institutions: Yantai University, University of Manchester
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4404866499