Research On Legislative Defects And System Perfection Of China's Goodwill Protection

The continuous refinement of the social division of labor has prompted the development of the commodity economy,and people have paid more and more attention to the important role that goodwill plays in the market economy.By providing high-quality goods and excellent services,operators can gain recognition from consumers,thus establishing a good image that can influence the public's purchasing decisions.Goodwill can be the operator.Providing higher returns than normal investment is also the driving force behind the operator's pursuit of goodwill and increasing the protection of its goodwill.There will be competition in the market.Therefore,the phenomenon of defamation of the goodwill of others has occurred from time to time.In modern society,the subject of infringement and infringement are diversified.The goodwill comes from the objective evaluation of consumers and is vulnerable to other factors.Impact,therefore,for the development of the market economy,the protection of goodwill is imminent.This article is divided into the following five chapters:The first chapter presents the case.This paper studies the goodwill based on the case of unfair competition behavior,and on this basis,analyzes the focus of the disputes in the case.The second chapter analyzes the focus of disputes.It is mainly divided into four points:(1)whether the defendant's complaint is a free-form right or an improper analysis;(2)whether the two defendants constitute a joint infringement;(3)the plaintiff's goods are dismissed after the defendant's complaint,Analysis of the reviewobligations of the Internet platform;(4)In the Internet environment,whether the defendant's complaints have caused damage to the plaintiff's goodwill.The third chapter is the legal analysis involved in the unfair competition caused by this case.It is mainly composed of three parts: the characteristics of goodwill,the legal attributes of goodwill,and the behavioral analysis of commercial defamation.Firstly,we discuss the characteristics of goodwill,firstly understand the goodwill,then analyze the doctrine of the legal attribute of goodwill,and discuss the trademark as a kind of goodwill carrier.The difference between the two is related to the relationship.And further understand the composition of commercial defamation that damages goodwill,and provide the necessary preconditions for the protection of goodwill.The fourth chapter,first of all,analyzes the status quo of protection of goodwill in China.The protection of goodwill in China started late,the relevant clauses are distributed in the departmental law,and the protection of goodwill is insufficient.Secondly,the relevant countries of the civil law system and the common law system are listed.Analysis of goodwill protection clauses and international treaties and related agreements.Although the legal provisions of different countries are different in the two major legal systems,the protection of goodwill reflects the similarities.The protection of goodwill by international treaties and related agreements More comprehensive;finally,through the two major legal systems and international treaties and agreements,summed up the enlightenment of goodwill protection suitable for China.The fifth chapter is the lack of perfection of goodwill protection in China and suggestions for improvement.By analyzing the current shortages of protecting goodwill in China,and proposing the preliminary concept of perfecting the legislative model of goodwill protection in China and innovating protection methods,expanding the scope of infringement subjects and infringement methods,establishing a goodwill evaluation system,and maintaining social economy.Continue to develop healthily.