| Now the society is the era of the internet, unfair competition often occurs in the internet such as the war between tencent and qihoo once coursed our concern.In May 2010, tencent launched "QQ doctor software" and then on May 31st the software was be upgraded to "QQ computer keeper".Qihoo was surprised by this behavior, because QQ computer keeper was similar to 360 security guards ". In September 2010, qihoo Published "privacy protector", which was directly Aimed at QQ software, and said it could monitor and exposure the behavior that QQ software steal users’privacy and data. On October 14,2010, aimed at this event, Ten cent Company formally charged qihoo for unfair competition, it required qihoo and its associated companies for four millions, and required qihoo apologize to ten cent for three months. On October 29,2010, qihoo launched "360 QQ keeper" security tools, which could fully protect the safety of QQ software users, tencent firmly, said it was a external behavior.Guangdong high court put forward several important controversial focus about the case of unfair competition between tencent and qihoo 360.Firstly, whether "QQ 360 keeper’" damaged the security and integrity of QQ software, making it lost the trading opportunities and advertising revenue; secondly, when QQ 360 keeper gave QQ a medical, it prompted" physical examination score of four points. QQ has serious health problems" and told the user to use a "repair" function, whether it constitutes a commercial defamation; thirdly, after the key repair, users clicked the QQ security center then entered the page of 360 security guards, whether this is a "free rider" behavior; lastly, in April this year Guangdong high court made a judgment that qihoo 360 should compensate for five million,the amount is too high or too low.Combined with the case focus, the author extracted problem that the compensation of goodwill damage as the research point of this article. Business reputation is a fully and objective evaluation about the specific operator’s production and operation ability, management status, financial status, the quality of goods and services and so on.which is made by social people.It reflects the business image, and is an important invisible property. But in the market environment, the behaviors of damaging the goodwill and business image of others often happen, more and more operators suffer form economic loss. So, how to take effective legal measures to protect the right of becomes the hot problem in judicial practice, compensation of goodwill damage also becomes a hard problem. Academic research of this problem is not comprehensive, and there is no unified operational and specific standards in judicial practice also meet many such cases, but results may different. So the study about compensation of goodwill damage not only has theoretical significance, but also has practical significance.This article will start from the definition of goodwill and the right of goodwill, by using comparative research method, contrast laws about goodwill protection from home and abroad and understand the relevant basic theory of goodwill. then by using case analysis, find some relevant judicial cases and abstracts the regular practice from the judicial practice, the analysis of the problems also have corresponding case to prove it. In addition, the author not only sum up the methods which have been used in practice, but also put forward other methods for reference, At last,the author also make a point that we should establish the legal compensation system, in order to solve the compensation problem and protect the rights and interests of operators. |
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