On Legal Protection Of Goodwill

Goodwill,as an important intangible asset, is a subjective public on the business subject of recognition, and it is reflected reputable commercial subjects. Goodwill plays an important role in the market economy, and it has many essentially differences between reputation, honor, trademarks and other on. Good goodwill can give companies huge economic benefits. In law, the object of goodwill is the right of goodwill, which is a kind of intellectual properties, in addition to intellectual property characteristics, but also has a personal attachment, non-self-determined regional and other characteristics. As market competition intensifies, goodwill infringements appear more and more in economic activities, seriously disrupting the social and economic order. But our laws on the protection of goodwill is still at a low level, it has many disadvantages,“goodwill”refer to only several legal provisions, the concept of goodwill rights, the protection of nature and the rules are not clearly defined, leading to the practice of goodwill infringement dispute cases where victims are not effectively protected. In this paper, the relevant laws and regulations and international conventions such as Western countries and Japan, Taiwan of China and other regions comparative reference to the protection of goodwill, goodwill for the protection of our country’s legislative and judicial lack of goodwill to improve the protection of the legal system to make some suggestions to look forward to on our goodwill protection legislation to provide some theoretical support.