1 thought on “How to determine the infringement of the company and how to deal with it”

  1. Legal analysis: 1. Observe from the perspective of infringement.
    The behavior is aimed at the behavior of legal representative representatives. Only in this way can the slander of natural persons be converted into a defamation of commercial subjects. Therefore, the defamation of the legal representative of the legal person must be directly targeted at the legal representative of the legal person. Otherwise, even if it constitutes a defamation, it is not a defamation to the business subject, but a defamation to a natural person, that is, the legal representatives themselves Defamation.
    . Observe from the specific content of the infringement.
    The falsehood of infringing the legal representatives involves the business subjects represented by it, and the acts of the business subject represented by the legal representative are attacked. For example, the behavior implemented by the business subject representative of the legal representative is distorted, and the behavior of the behavior of the business representative representative of the legal representative, and the fabrication of the facts to destroy the reputation of the business subject represented by the legal representative, or directly to the statutory statutory Representatives themselves slander themselves, all of which are slander of commercial subjects.
    . From the perspective of the consequences of infringement.
    The damage consequences are the reputation and goodwill of the business subject represented by the legal representative. In our country, both natural and legal persons enjoy reputation, and their reputation has been protected by law. Although the consequences of infringement of the right to reputation have caused the victim's reputation, the right to reputation is damaged by the right to reputation and the right of reputation of the legal person, including the ownership of the business subject, and the damage performance is different. The protection of the reputation of the business subject is mainly goodwill and reputation, and the right to reputation of natural persons is an objective comprehensive evaluation of it. If the infringement is aimed at the identity of the legal representative, then the damage should be the business subject it represents, not me, which constitutes the defamation of the business subject, that is, commercial defamation. Otherwise, it is the defamation of individuals.
    4. Other aspects.
    The or whether the behavior of the legal representative of the slander commercial subject constitutes a infringement liability, shall follow the general elements of infringement liability, especially the defamation liability, that is:
    (1) must be damaged by the reputation of others, and it must be damaged by others' reputation. The unknown words of goodwill and reputation;
    (2) The announcement of a third person beyond the parties that must be beyond the parties;
    (3) People who implement slander behavior At least there are faults, of course, generally the intentional subjective state. The defamation of the legal representative of the commercial subject has these three requirements and has the three elements in front. This slander is a commercial defamation on the business subject. The victim has the right to bear the liability of commercial defamation as a business subject and their representative as the main body and their representatives.
    The legal basis: If the Code of the People's Republic of China
    If Article 120 Civil rights and interests are infringed, and the infringer has the right to request the infringer to bear the liability for infringement.
    113 If the people's rights and interests are damaged by protecting his people's rights and interests, the infringer shall bear civil liability, and the beneficiary may give appropriate compensation. If the infringer, the infringer escape or be unable to bear civil liability, if the victim requests compensation, the beneficiary shall give appropriate compensation.
    11.67 infringement behaviors that endanger the safety of others and property, and the infringer has the right to request the infringer to bear the liability of infringement such as stopping infringement, eliminating obstacles, and eliminating danger.
    It 1,168 or more people shall jointly implement infringement and cause damage to others, shall bear joint responsibility.

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