| Entering the new century, China’s rapid economic development, with the labor-intensive industry to a bottleneck period, the state proposed the development of economic belt along the way, China’s industrial upgrading is imperative, in the course of the development of intelligence-intensive industries, and intellectual property rights has become the core competitiveness of national economic development, with the construction of Beijing, Shanghai, Guangzhou and other intellectual property courts, intellectual property protection greatly improved people’s awareness of intellectual property protection is also increasing. Obtain the relevant intellectual property rights in everyday life in the final product delivered to the consumer, you need to go through production, primary marketing, wholesale and retail business, in this process the sales process, for infringement of intellectual property vendors how to identify whether its sales of the infringing products to bear the liability, the parties have different views, the paper mainly on commodity circulation at the seller (primary sales, wholesale and retail) the presence of "goodwill infringement" as the main entry point, according to the main areas of intellectual property rights namely copyright, trademark, patent regulations, combined with the actual case, in accordance with the legal value analysis model, the field of intellectual property infringement goodwill memory in terms of legitimacy and legal basis for analysis, comb.Goodwill infringement of intellectual property rights means that people get to a restriction of the right to benefits, within the field of intellectual property copyright law, trademark law and patent law after several revisions, the provisions of the goodwill gradually infringement clause, but in all departments, legal provisions for the provisions of this system are principled, lack of standard practice, it is necessary to constitute infringement Key Element goodwill departure, particularly in relation to the standard problem of identification evidence, it is necessary in practice, relevant laws and evidence shall perform unified.This paper is divided into four parts, starting with "sunjunyi anti-blocking automatic exhaust valve" case to start, and then depending on the circumstances of the case, to the need to analyze and solve problems. The second part of the legal analysis of the provisions in good faith based on infringement of intellectual property rights in the field of three major laws. The third part of the combined provisions of relevant foreign goodwill infringement comparative study. The last part of the analysis of the existing goodwill of infringement terms of the specific solutions put forward ideas and methods. |
