论商标许可中的商誉归属
发布时间：2018-07-17 03:48
【摘要】：2012年上半年,最引人注目的知识产权案件非“王老吉”商标许可纠纷案莫属。该案中,加多宝方在17年的被许可使用期间独力打造出了“王老吉”品牌的巨大商誉。然而,广药和加多宝之间的商标许可合同突然终止引发了对商誉的争夺。尽管广药集团依判决实现了对“王老吉”商标的完全控制。对此,做出巨大贡献的加多宝公司当然不服,于是通过宣称自己对红罐凉茶的包装装潢享有反不正当竞争法意义上的权益以及广告宣传来提醒消费者两者之间的替代关系。此案件纠纷,在法学界引起了诸多讨论,学者之间也存在着不同观点。鉴于此问题具有重大社会意义,本文将在厘清商标许可以及商标商誉等问题的基础上,为在商标许可中商誉的归属问题找到出路。 本文是以“王老吉”案引发的商誉归属问题为导火线。共分为五部分：第一章主要介绍商誉的含义及其在法学界的争论,为下文的研究提供基础,与此同时介绍引起商誉归属问题的制度背景。第二部分主要介绍商标许可中商誉问题国内外的立法现状的比较研究。通过比较法研究考察国外对于商誉的相关研究加以借鉴。第三部分主要是我国对商标许可中商誉归属问题的现状以及其法律分析,分别从许可人与被许可人的角度进行了分析商誉归属各方存在的合理性与不足。第四部分主要介绍商标许可中商誉归属问题的出路,这也是本文的落脚点,主要以商标许可中商誉归属引发的思考为契机,从商标许可制度下手寻找出商标许可合同终止后商誉归属问题的法律出路。
[Abstract]:In the first half of 2012, the most striking intellectual property case was the "Wang Laoji" trademark licensing dispute. In the case, Gadobo built a huge reputation for the Wang Laoji brand during its 17-year licensing period. However, the sudden termination of the trademark licensing contract between Guangdang and Kadobo triggered a scramble for goodwill. Although Guang Yao Group according to the decision to achieve full control of the "Wang Laoji" trademark. Gadobo, which has made a huge contribution to this, of course disagrees, and reminds consumers of the alternative relationship by declaring that they have an anti-unfair competition right and advertising for the packaging and decoration of red pot herbal tea. This case dispute has caused many discussions in the field of law, and there are different views among scholars. In view of the great social significance of this issue, this paper will find a way out for the attribution of goodwill in trademark licensing on the basis of clarifying trademark licensing and trademark goodwill. This article is based on the issue of the attribution of goodwill caused by the case of Wang Laoji. It is divided into five parts: the first chapter mainly introduces the meaning of goodwill and its controversy in the field of law, which provides the basis for the following research, and at the same time introduces the institutional background that causes the problem of the attribution of goodwill. The second part mainly introduces the comparative study on the domestic and foreign legislation of goodwill in trademark licensing. Through the comparative study of foreign research on goodwill for reference. The third part is mainly about the status quo of goodwill attribution in trademark licensing in China and its legal analysis, respectively from the perspective of licensees and licensees to analyze the rationality and shortcomings of the parties to the attribution of goodwill. The fourth part mainly introduces the way out of goodwill attribution in trademark licensing, which is also the foothold of this paper, mainly based on the reflection caused by goodwill attribution in trademark licensing. From the trademark licensing system to find out the trademark licensing contract after the termination of goodwill ownership of the legal way.
【学位授予单位】：北京交通大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.43
本文编号：2128870
[Abstract]:In the first half of 2012, the most striking intellectual property case was the "Wang Laoji" trademark licensing dispute. In the case, Gadobo built a huge reputation for the Wang Laoji brand during its 17-year licensing period. However, the sudden termination of the trademark licensing contract between Guangdang and Kadobo triggered a scramble for goodwill. Although Guang Yao Group according to the decision to achieve full control of the "Wang Laoji" trademark. Gadobo, which has made a huge contribution to this, of course disagrees, and reminds consumers of the alternative relationship by declaring that they have an anti-unfair competition right and advertising for the packaging and decoration of red pot herbal tea. This case dispute has caused many discussions in the field of law, and there are different views among scholars. In view of the great social significance of this issue, this paper will find a way out for the attribution of goodwill in trademark licensing on the basis of clarifying trademark licensing and trademark goodwill. This article is based on the issue of the attribution of goodwill caused by the case of Wang Laoji. It is divided into five parts: the first chapter mainly introduces the meaning of goodwill and its controversy in the field of law, which provides the basis for the following research, and at the same time introduces the institutional background that causes the problem of the attribution of goodwill. The second part mainly introduces the comparative study on the domestic and foreign legislation of goodwill in trademark licensing. Through the comparative study of foreign research on goodwill for reference. The third part is mainly about the status quo of goodwill attribution in trademark licensing in China and its legal analysis, respectively from the perspective of licensees and licensees to analyze the rationality and shortcomings of the parties to the attribution of goodwill. The fourth part mainly introduces the way out of goodwill attribution in trademark licensing, which is also the foothold of this paper, mainly based on the reflection caused by goodwill attribution in trademark licensing. From the trademark licensing system to find out the trademark licensing contract after the termination of goodwill ownership of the legal way.
【学位授予单位】：北京交通大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.43
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