Goodwillskydd - Ja, finns det ett sådant? - En kritisk granskning av skyddet och bevarandet av ett varumärkes goodwill.

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: Goodwill as a phenomenon may seem generally known, but when one delves deep into the definition of the concept, there are many question marks. - What is goodwill? - How are goodwill protected for brands? - Are there any legal rights that ensure that you own "your" goodwill, and in particular, how far does these rights extend? In the society today, in Sweden and around the EU, there seems to be a hole in the legislation. It does not really catch up on the essence of the goodwill that has become. One speaks of goodwill both legally, financially and within accounting, but the definition is far from homogeneous in the different branches. The economic importance of goodwill has increased recently with the emerging information society. Today we are influenced by advertising everywhere, in stores, on TV, social media and newspapers. The media flow of information in today's society is enormous and seems to grow larger. Regardless of whether we consciously receive this information or if it is done on a subconscious level, we are constantly building up a feeling and attitude towards brands and their products or services. This has meant that brand-promoting measures, in order to build up their goodwill, have never been as important as today. This essay investigates the issues concerning the protection that goodwill can receive, both within Swedish law and at EU level. It is an overall economic perspective to highlight the importance of goodwill and also the great financial risk one suffers if someone infringes one's brand.

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