商誉实际上是商誉权主体的特殊经济利益,对商誉的侵害有直接侵害和间接侵害之分,由于商誉载体具有不确定性,对商誉进行淡化的间接性侵权行为在实践中易被忽视。有必要探讨防止商誉淡化的方略,除了立法对商誉保护问题进行规定外,还需应对实践中层出不穷的新问题,设立有关商誉认定、监管的有关机构。 Goodwill is actually the special economic interests of the goodwill right, the infringement of goodwill has direct infringement and indirect infringement. Since the goodwill carrier has the uncertainty, the indirect infringement of the goodwill is diluted in practice Easily overlooked It is necessary to explore ways to prevent the dilution of goodwill. In addition to the legislation on the protection of goodwill, we must also deal with emerging new issues in practice and set up relevant agencies that recognize and supervise goodwill.