The Research Of Legislation To Goodwill Right

With the development of market economy and the construction of legislation and regulation combining tighter and tighter, we have witnessed their mutual promotion as well as the ineffective adjustment of current laws on newly-coming economic phenomena.Economiests have explored thoughts on these phenomena that concern various economic factors from the aspect of legislation,while legists have paid so much attention to the dynamic development of economy that it also extends their legislative vision.Especially,they focus on the importance of intangible assets in the market economy and the inefficiency of legislative protection. Here in after,I will discuss the issue of Goodwill Right protection in intangible assets.Goodwill is the value made by the enterprises,which caters to the trade partners.A good business reputation decides the status and dignity of the company when it is conducting economic activities in the society and thereby has an influnce on its interests and betterment.Hence, each enterprise attaches so much importance to its own reputation that is even regarded as a crucial element of stability.At the present time,,the events that infrings purposely upon the goodwill comes out continuously yet the laws and regulations related can not safeguard it completely,which will ultimately have a negative effect on the healthy operation of market economy. This aroused numerous discussions among scholars whether we should involve the Goodwill Right into the current legislative system.However, the legists find it much harder than they have imagined to test it by practice because of the intagibility of the goodwill and the complexity of its carrier. Advance in making the laws that protecting the goodwill comprehensively is extremly difficult.But it's undeniable to say that the the most essential and controversial issues are becoming clearer and clearer thanks to the collision and discussion of various views, among which,on the nature of the Goodwill and where should we put it into the legistative system is the most conflicting part for the scholars. They compare trademarks, trade names, credits and reputation with goodwill and put forward to the legal right of property, composite right of right of personality and right of property, intellectual property and intangible property,etc,though these are not satisfactory enough..Nature of the right is the premise of conducting the research of Goodwill Right in depth and making targeted legislation. Protective measures cannot be implemented if it is defined ambigously. Among the discussion of these theories, the conclusion of intellectual property is highly acclaimed because of the intangibility of goodwill.This paper is going to provide a cpmparative argumentation of the various viewpoint on the nature of Goodwill Right, focusing on the relationship of intangibility of goodwill to intellectual property and discussing the conclusions of the Intellectual Property.We found that it was far-feteced to involve the Goodwill Right into the legistative system merely because of its intangibility.except this,the Goodwill Right are not fully consistent with the other criteria of the intellectual property,which conflicting with each other. On the contrary,the resolution of thess conflicting theories playes an important role in defining the Goodwill Right.Basing on the previous discussions,I come up with the standpoint that the Goodwill Right shall be defined as the expression the special characteristics of intangible property rights of intellectual property.Then in the further place,we can touch upon the protective pattens of legislation of Goodwill Right.At present, China distributes the regulations on Goodwill Right into numerous laws just like what the continetal genealogy of law countries, mainly through the "Civil Law", "Anti-Unfair Competition Law,"" Product Quality Law"," Consumer Protection Law "and" Criminal Law ",in which some general principle provisions of tort is written, while goodwill rights protection doesn't have a clear legal system of ownership.According to scholars'view, China's current goodwill will is taken to protect the right of the "indirect protection methods." This protected mode is very fragmented and protection way of the right of goodwill has no uniform standard architecture.Among these laws, despite the goodwill righ related has been involved, relevant content is sparse, furthermore,it lacks of specific operability.So it makes no difference whether there are laws to abide by or not because actual loss will far more exceed that stipulated in the provisions scattering in different laws. This article on the goodwill and property rights are defined, the right to legal protection of goodwill issues in depth, it discusses the legislative protection mode, the text wil make comparisons of several models:recognizing the status of an independent property right of goodwill in the civil law; or improving the relevant provisions of anti-unfair competition law, setting protection provisions on the value of the goodwill of the business investment s; or setting up single "goodwill of Rights," and so on, and finally coming to the conslusion that building up a separate legislation on the right of goodwill and including the intellectual property rights to intangible property as a large system in the future. At the same time, I would like to reveal my point of view on the setting and acquisition,content,the right to exercise and restrictions,and the protection and tort liability of the Goodwill Right in order to contribute to legislation making on the protection of the Goodwill Right.