| Product evaluation industry is a new industry emerging under the background of consumption upgrading in the Internet era,which is profoundly changing the consumption pattern in the Internet.The development of new industry has its own disadvantages,product evaluation is often accompanied by the infringement of operator’s goodwill,hidden commercial slander is common.The right of goodwill is mainly manifested as business reputation and commodity reputation,which is an important intangible asset of the operator.With the continuous development of socialist market economy,the quality of goodwill plays a vital role in the operator’s operating efficiency.From the perspective of goodwill infringement,this paper takes empirical analysis as the method,selects and analyzes judicial cases,analyzes the phenomenon of product goodwill infringement in practice and puts forward suggestions for improvement.This paper first summarizes the definition,current situation and characteristics of product evaluation industry,and puts forward a new consumption relationship model in which product evaluation party participates.This paper summarizes the category of goodwill,compares three main theories of the legal attribute of goodwill right,and summarizes the protection system of goodwill right in China’s current legal system.Secondly,using empirical analysis method,select some judicial cases.Case analysis is carried out from three aspects: the thinking of adjudication,the constitutive elements of tort and the assumption of tort liability.Based on the above theory and practice,this paper summarizes several problems in the determination of goodwill infringement in the current product evaluation industry.One is the ambiguity of the right of goodwill in the legal provisions and the lack of legal regulations on the product evaluation industry.Second,in the judicial judgment,the judgment of such infringement cases.The third is the conflict of rights caused by the infringement defense of the product evaluation party,that is,how to balance the value of private rights and other rights,private interests and public interests.Finally,some suggestions are put forward.First,the provisions on the right of goodwill in the Civil Code and Anti-Unfair Competition Law should be improved,and targeted administrative regulations and departmental regulations should be issued to standardize and constrain the product evaluation industry.The second is to improve the judicial adjudication,to the competition relationship ambiguous,the application of the cause of action confusion,tort elements unknown,compensation standards are not unified and other problems.The third is to put forward two principles,following the principle of value rank and the principle of balance of interests,to solve the problem of conflict of rights,to achieve the value balance between legal interests. |
