“后发商誉”的法律保护研究——以利益平衡为视角经济法学专业论文.docxVIP

万方数据 万方数据 理论进路，即回到“后发商誉”讨论的逻辑前提，即商标许可使用合同中来，认 为意思自治与法律强制相结合的方式是确认“后发商誉”利益归属的最佳途径， 一方面尊重商标许可使用合同中的意思自治，另一方面制定法律强制下的“缓冲 规则”。其次，赋予被许可人在法定条件下的续展权，并在此基础上提出了“后 发商誉”利益平衡的制度设计。最后，分析了“王老吉”商标纠纷案中“后发商 誉”的归属问题。 关键词：商誉；“后发商誉”；商标许可；利益平衡 2 Abstract To the enterprises, Goodwill is the significant intangible assets. It plays an important role in market competition and has great effect on the existing and development of an enterprise. Law of China Against Unfair Competition regulate the illegal act of infringing the goodwill of a company, which fully proves that the goodwill is one of the protected interest in law. Under the condition of trademark licensing, ?Add goodwill? means that a normal trademark becomes famous because of the use of the licensee other than the owner of the trademark. That is to say, the newly built reputation is almost made by the licensee. At present, due to the imperfections of trademark license law, there is an enormous gap in the protection of ?added goodwill?, thus resulting in more and more controversy between license and licensee. As the completion of Chinas economic transition, the cases of trademark licensing will be flourishing in the near future. So it?s necessary for us to improve the relevant laws and regulations for protecting the ?added goodwill? and create a great legal environment for our enterprises. This thesis based on the perspective of the balance of interests and analyzed on the basis of a case of ?WangLaoJi? trademark dispute, which has given a detailed account of the ownership and distribution of the added goodwill. This thesis is into four parts altogether besides the foreword and the conclusion. The structure of the article as follows: The first part focused on definition of ?added goodwill? and its relationship with goodwill and trademark. In this part, I discussed that the reason of ?added goodwill? is the trademark license contract. ?Add goodwill? means that a normal trademark becomes famous because of the use of the licensee othe