论商誉权侵害救济

On Legal Relief to the Infringement upon the Rights of Commercial Reputation

由于市场竞争日趋激烈,商誉日渐受到人们的重视,但同时商誉侵权现象亦有愈演愈烈之势。虽然我国刑法、民法、经济法均对如何保护商誉权作出相关规定,但随着社会的进步和侵权行为方式的新变化,我国法律在保护范围和力度方面暴露一些不足。外国立法和判例中关于商誉权保护的规定对我国改进和完善商誉权保护制度具有重要的借鉴意义。

With intense market competition, the people have started to pay more and more attention to commercial reputation. But at the same time the infringement upon Commercial reputation rights has increased. Although some regulations of how to protect commercial reputation rights have been made in our criminal law, civil law, and economic law, with the social progress and change of ways of infringement, some defects in our laws in the protection scope and force have emerged. The regulations in foreign law - making, and law cases will provide us with some important reference on improving and perfecting our commercial reputation right protection system.