Research On The Determination Of Compensation Liability For Damages On The Infringement Of Goodwill

Since the twentieth Century,with increasingly perfection of market economic system and the rapid development of market economy,more and more managers have been gradually realizing the importance of goodwill in the market competition.As an important part of the intangible property of operators,the establishment of goodwill can not only enhance the operators' revenue,but also obtain more market advantage and trade opportunities,and create greater economic benefits for them.However,with the growing vehemence of market competition,to seize market share or gain more economic profits,infringers often debase and slander others' goodwill.Even though Article 14 of "Anti Unfair Competition Law" in China regulates the goodwill infringement behavior,and Article 20 stipulates damage compensation scope and computation of damage compensation amount,which is conducive to protect the operator's reputation to a certain extent,but the legislation on the determination of compensation liability for damages on goodwill infringement still lags far behind the development of judicial practice,and it has a negative effect on the full and effective protection on the goodwill of the operators,so these should be perfect.Based on present situation of legislation and judicial practice of our country,by using case study method,statistical analysis method and comparative research method,this paper researches and analyses the determination of compensation for damages on the infringement of goodwill mainly from two aspects: the determination of component and compensation for damages.In addition to the introduction,the article consists of three parts.Part1 mainly introduces the theoretical basis of determination of compensation liability for damages on goodwill infringement from component of goodwill infringement and compensation for damages on goodwill infringement.Part2 analyses current situation in legislation and problems of determination of compensation liability for damages on the infringement of goodwill.Based on the analysis and summary of Chinese cases in compensation for damages on the infringement of goodwill,it can find that: in the determination of component,there are some problems such as inconsistencies of judicial determination of subject of goodwill tort,excessive narrowness of determination of goodwill tort,burden of proof of the plaintiff for the damage of goodwill infringement and causal relationship existing obstacles;in the determination of compensation for damages,there are some problems such as excessive narrowness of scope of compensation for damages,low operation of calculation method of the loss to oblige and infringers' benefit,unreasonable of discretionary factors of quota compensation method.As the foothold of this paper,on the basis of combing the problems in the determination of component of goodwill infringement and compensation for damages and referring on useful outcomes of foreign legislation and judicial practice,Part3 puts forward concrete suggestions: in the determination of component of goodwill infringement,it should expand the scope of subject of goodwill tort,increase the regulation of goodwill infringement of improper statement,and appropriately reduce the burden and standards of proof of the plaintiff;in the determination of compensation for damages,it should clear the scope of compensation for damages on infringement of goodwill,build a scientific and reasonable method system calculating the compensation amount for damages on the infringement of goodwill,and further improve the quota compensation method and punitive compensation rule.