Law on trademark licensing: shortcomings and recommendations

Abstract

Trademark licensing brings great economic values for the trademark’s owners or those who are authorised by the trademark’s owners to transfer the use of trademark to another party and they will get an amount of money (called “licensing fee”) or other material benefits. This is one of the forms of intellectual property commercialisation popularly used in the world and in Vietnam. However, the law of trademark licensing still has many shortcomings such as: the denifition, the object of trademark licensing, the territorial area of trademark licensing, the content of trademark licensing agreement, the forms of trademark licensing, and so on. This paper will present the basic shortcomings on the tradmark licensing of Vietnam’s law and give recommendations to solve these shortcomings.