Research On The Regulation Of The Protection Of Third Party Platform's Goodwill

Article 11 of the Anti-unfair Competition Law of the peopleundefineds Republic of China provides for several acts of violating goodwill,which are the most direct provisions of the laws and regulations of our country for infringement of goodwill.However,it has limitations because of its enumeration of tort subjects and acts.With the rapid development of electronic commerce,the existing legal regulations on the protection of goodwill in our country have been unable to protect it comprehensively.Because of the special personality attribute and property attribute contained in goodwill rights and interests,it is urgent to solve the current legislative problem of perfecting the legal regulation of goodwill rights and interests protection in our country,combined with judicial practice.This article starts with two cases of Taobao Company v.selling fake net shop rights,through the introduction and analysis of the two cases,to find out the focus of dispute in the two cases,and to focus on it,to find out the cause of the dispute.Then,the analysis of the two cases,find out the existing laws and regulations of third-party platform goodwill protection regulation.Finally,combined with the judicial practice,the third-party platform goodwill rights and interests of our country to make a comprehensive evaluation.This paper mainly consists of the following four parts:In the first part,two cases of Taobao Company v.the rights of fake shops are introduced and the main points of dispute are clarified.Through the analysis of the above cases,the aim is to find out the dispute,and to find out the cause of the dispute.In the second part,the theoretical analysis of the issues involved in the focus of dispute is carried out.Taking Taobao Company as the third party platform as the main body of writing,the author analyzes the legal basis of the third party platform to maintain its goodwill,and analyzes what is goodwill(essence and definition).Whether the third party platform enjoys goodwill or not,and the provisions and protection mechanism of goodwill in the current laws and regulations of our country,as an important part of this paper,not only analyzes the third party platform as a civil subject should enjoy goodwill rights and interests.At the same time,the existing regulations of goodwill protection in our country are summarized,which provides a theoretical basis for the perfection of the regulations on the protection of goodwill rights and interests.In the third part,it analyzes the realistic basis of third-party platform to maintain goodwill.Through the second part of the analysis of goodwill from the legal theory,combined with judicial practice,from the point of view of reality,this paper expounds the advantages and disadvantages of tort action and breach of contract action,goodwill loss identification method and the way to eliminate the expected impact.The purpose of this article is to analyze the reality of Taobaoundefineds action for breach of contract.In the fourth part,the third party platform goodwill protection regulation makes a comprehensive review.Through the comprehensive evaluation of the case,this paper draws some thoughts on the regulation of the protection of goodwill rights and interests of the third party platform from the angle of judicial practice,and puts forward a little suggestion to improve the construction of the regulation of the protection of the goodwill rights and interests of the third party platform in China.I hope that through the above four parts of the elaboration,in the perspective of judicial practice,to improve the regulation of third-party platform goodwill protection regulations,and improve the public protection of third-party platform goodwill rights and interests of the public awareness.Boycott online sales of counterfeit behavior.