On The Legal Protection Of Goodwill Right

Goodwill right is property right not personality right, so it is essence distinguish between goodwill right and reputation right. Furthermore, It is a mark carrier and property interest relation which between goodwill and trade mark, trade name or others distingishmeet identifier. Nowadays, our country's legal protection of goodwill right has great defect, main express: to same quality goodwill interest, because the encroach main body and encroach pattern are different, and apply the goodwill right provision and reputation rights provision to protect it, this protection pattern isn't reasonable, cause the reason of no reasonable protection pattern, first lies in the theory and legislation confusion to the essence distingishment of goodwill right and reputation right, second lies in the Anti-unfair competition law set the competition relationship hi the unfair competition act. Moreover, protection scope of goodwill right hi our country is too limit, main express: only to regulate the encroach goodwill right act by means of fabricate, spreading false fact, lack to regulate the unsuitable statement, passing off, trade mark dilution act, cause the reason of limiting protection goodwill right, first lies in theory didn't distinguish goodwill from trade mark , trade name and some else distingishment identifier, second lies hi the legislate policy at that time. In order to perfect our country's legal protection of goodwill rights, puts forward: Rectify and merge our country's legal protection pattern of goodwill right, namely no by means of reputation provision to protect part goodwill interest, by breaking through the competition relationship of unfair competition act up which Anti-unfair competition law set, take the encroach goodwill rights act as an unfair competition act which possesses general encroach act, unify to apply goodwill right provision to regulate lands of encroach goodwill interest. Widen the legal protection scope of goodwill right. Namely, besides regulating the encroach goodwill right act by means of fabricating, spreading false fact, and should regulate the act of unsuitable statement, passing off, trade mark dilution act.