With the development and improvement of market relations intangibles are widely distributed.Thus, in dashing the nineties in the Russian goodwill it was hardly so popular that it was in need of protection by the state.So it happened that the first part of the Civil Code does not fully reflect the process of protecting such a relatively new concepts for us, as the business reputation of the organization.Let us discuss it in detail.
Goodwill of the company, as has been said, relates to the intangible benefits and represents the assessment that consumers, suppliers and other counterparties give to this entity.This category is in line with the brand name, trademark, know-how.
should indicate that goodwill may be either positive or negative.In the first case the counterparties are confident in the company, its financial performance and stability, co-operation is, in addition to the contract, more and confidential.As for the negative side, in such cases within any suppliers or customers, or other individuals or legal entities that make up the environment, do not trust the company because of its unstable position in the market.
So Goodwill has a qualitative assessment.However, we should mention the quantification of that in foreign practice is called goodwill.The point is that under the value of goodwill will be the difference between the market price, which is offered to the owner of the asset (in this case the company is acquired as a property complex) and the value of assets and liabilities at the balance sheet at the date of its purchase.
return to the qualitative aspect, which is a little more interesting.Obviously, the positive opinion about the company attracts customers, negative - on the contrary.But often, the market entities may face such injustice as the dissemination of false information discrediting the "good name."Of course, in such a situation it is necessary to defend their position, or at least try to partially restore confidence in counterparties.To do this, use the judicial protection.
If, for example, the media spread information discrediting the reputation of the company, in fact, you can go to court and claim denials in these same media.
Since the legal entity engages in business activities, the goodwill can directly affect revenues.If, due to the dispersion of false information, the company posted a loss, the Court may be called on to fill the existing claims of losses.However, in this case, it is likely to encounter some problems.
For example, if any of the information on the Internet has grown, even after refuting it will still be "wandering" in its open spaces.This injustice is eliminated in the Civil Code by applying the concept of "moral damage".And this is where the fun begins.
legal entity - it is artificially created by education, therefore no question of moral damages can not be.However, since 2003 an increase in cases of satisfaction of such claims, so that the court could make concessions.
Goodwill addition to HA can be protected and the Criminal Code in cases where, for example, there has been illegal use of another person of a trademark of the company.
To summarize, we should say that the Law of the issue required some adjustments as the development of market relations is impossible without the full protection of the intangible benefits of the state.Goodwill of the company in an increasingly competitive environment is of paramount importance, and every producer who is interested in the business, to be sure that there will be no protection in the event of attacks on his reputation.
