Study On Legal Problems Of Goodwill Protection

Nowadays,with the rapid development of China's market economy and its maturing,the innovation-driven development strategy and the in-depth implementation of the strategy of rejuvenating China through science and technology,the concept of "goodwill" has gradually become well known.As business entities invest a great deal of manpower,financial resources and energy for the accumulation of goodwill in the course of business,goodwill shoulders the responsibility of settling down on business operators and the importance of goodwill has become increasingly prominent.However,it should be noted that if the business entity is exposed to the economic market,its goodwill is bound to be affected by many factors and is easily infringed upon.Moreover,with the increasingly fierce market competition,new types of goodwill infringement infringe upon the immaterial loss of the legitimate interests of business entities and seriously disrupt the market economic order.Unfortunately,the mechanism for the protection of goodwill in our country is still not perfect,and there are still some shortcomings in many aspects.Theory has not formed a unified view on the concept,property and reputation of goodwill.In practice,the important aspects of determining the range of compensation for damages for infringement of goodwill,the standard of accreditation and the method of calculation are not yet clear.As a result,Victims in cases of infringement can not be properly remedied.Firstly,this article discusses the legitimacy of goodwill protection.Through the analysis of the basic theory of goodwill,clarify the concept and characteristics of goodwill,clarify the difference and connection between goodwill and related concepts.In addition,the first part of the article discusses the necessity and feasibility of goodwill protection.Then,on this basis,we focus on analyzing the problem of goodwill infringement.Because of the intangible characteristics of goodwill,exposure to the market is extremely vulnerable to direct or indirect abuse,combined with the particularity of goodwill,so the composition of goodwill infringement is rather special.And since there are many manifestations of the infringement of goodwill,such as the discredit of goodwill,the dilution of trademarks and so on,the methods of generalization and induction are divided into direct infringement and indirect infringement according to the different ways of infringement.Then it discusses the defenses of goodwill infringement to protect the interests of the parties.Finally,the issue of damages for the infringement of goodwill is discussed.By defining the scope of damages for goodwill,perfecting the methods of identifying the damages for goodwill and introducing the punitive damages system,we can provide new ideas for solving the problems identified by the damages of goodwill.