| In nowadays' society, the commodity economy gives more and more deep brand on everyone's body. With the market competition becomes more and more fierce, the commodity producers and operators know that goodwill is very important and irreplaceable. However, the theory research on goodwill is not deep enough in law science community of our country, still less mention to perfect legislation pattern. In actual judicial practice, because of the different infringers, we always respectively apply the clause of reputation right in "General Principles of the Civil Law "and the clause of goodwill right in "Anti-unfair Competition Law " to protect the same goodwill benefit. This thesis discusses on the legal protection of goodwill right from legislation pattern. It includes 3 parts as following:The first part analyses the legal character of goodwill and goodwill right. It tells that goodwill right is a kind of intellectual property, which has its own legal characteristics. The aim is to set up the position of goodwill right in intellectual property of Civil Law.The second part reviews the condition of legal protection in the main countries of Common Law System, Civil Law System and World Intellectual Property Organization from legislation pattern. And it applies the comparing analyse method to point out that it has already become a trend that competition law is suitable for protecting goodwill right, and do not take the competitive relationship between the tortfeasors and victims as premise.It prepares for protecting goodwill right by anti-unfair competition law.The third part combines with the current situation and problems of legal protection on goodwill right in China, and tries to propose the immature idea that we should perfect the legislation pattern to protect goodwill right. It sets up the position of goodwill right in intellectual property of civil law and applies the clause of goodwill right in anti-unfair competition law to forbid the inappropriate behavior. |
