نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Given the strategic importance of trademarks as drivers of the knowledge-based economy and key intangible assets in global commerce, this research examines the legal dimensions and mechanisms governing trademark licensing agreements, as well as the challenges arising from their exploitation within various legal systems. In today’s world—where a firm’s economic value often resides more in its brand reputation than in its physical assets—licensing serves as a vital tool for market expansion and the management of distribution networks. However, this process entails numerous legal complexities, notably the tension between the principle of freedom of contract and the mandatory rules of industrial property law. Employing a descriptive-analytical approach with a comparative perspective, this study addresses fundamental questions: What is the legal nature of the rights granted under a trademark license? And how can a balance be struck between the licensee’s operational autonomy and the trademark owner’s need for quality control to prevent the dilution of the brand? The findings indicate that the legal nature of a license is rooted in continuous quality management and the preservation of goodwill; consequently, any deficiency in defining oversight obligations—or a lack of clarity regarding the scope of use in the digital/online environment—can lead to the erosion of a brand’s commercial value and result in significant civil liability. Furthermore, the research suggests that, in light of emerging technologies and e-commerce, traditional licensing agreements require a re-evaluation of concepts such as geographical scope and the liabilities associated with the use of algorithms. Therefore, the formulation of precise enforcement mechanisms—including implied damages clauses and temporary injunctions—alongside the strengthening of civil liability rules in licensing agreements, is essential and unavoidable for ensuring the stability of the rights holder’s interests and the legal security of the licensee within today’s complex markets.
کلیدواژهها English
