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随着现代市场经济的发展,从消费品、房地产、生产资料等有形商品,到技术信息、产权等无形商品的竞争都越来越白炽化,侵害商誉权的现象也必将越来越频繁。但我国目前有关商誉权的立法保护却很滞后,规制侵犯商誉权行为的法律法规体系和管理体制十分不完善。中国虽然有关于规制竞争的总体性法规《中华人民共和国反不正当竞争法》,但其对侵犯商誉权行为仅做了一些概要性规定,没能充分反映新形势下维护商誉权的迫切要求。因此,借鉴发达国家的相关经验,对侵犯商誉权行为进行有效的法律规制,对市场经济良性发展有着重要的意义。
With the development of modern market economy, the competition for intangible goods such as consumer goods, real estate, means of production, and other intangible goods such as technical information and property rights is becoming more and more incandescent, and infringement of goodwill is bound to become more and more frequent. However, the current legislation on the right to goodwill in our country lags behind the legal protection, and the laws, regulations and management systems that regulate the infringement of the reputation of goodwill are far from perfect. Although China has a general regulation on competition in competition, the “Anti-Unfair Competition Law of the People’s Republic of China,” it only made some general provisions on the infringement of goodwill and failed to fully reflect the urgent need of safeguarding the right of goodwill in the new situation Claim. Therefore, drawing on the relevant experience of developed countries, the effective legal regulation of the infringement of goodwill rights is of great significance to the sound development of the market economy.