论企业商誉权保护模式的选择

随着市场经济的发展,商誉权侵权案件逐渐增多,企业商誉权保护备受关注。文章分析了商誉权客体的无形财产性特点,指出商誉权的知识产权属性;从理论基础、立法目的等方面分析了我国商誉权保护的缺陷,在评析各国商誉权保护模式基础上提出应在民事基本法中确立商誉权的法律地位并制定单行《商誉法》,以实现商誉权的直接保护模式。

On enterprise goodwill right protection mode's selection

As development of the market economy,the case that Good-will rights were infringed is increasing gradually, so the protection to Good-will rights of corporation is received more attention. The article analyzes the characteristic of invisible property of the object of Good-will rights and indicates that Good-will rights belongs to Intellectual property rights. The article construes insufficiency of protection to Good-will rights from aspect of academic base and legislative aim in our country, furthermore on the basis of comment protected mode of Good-will rights in many countries, proposes that Good-will rights should be established the status of law in the civil fundamental law and legislature should be legislate single "Good-will Law" to realize the direct protected mode of Good-will rights.