Research On The Law Issue Of Domain Name

Domain Name is a new term after the Internet came to us. It was created as a pure technical term and is used to present the host computers' addresses in the Internet. Now, the Internet is widely serving for the industry and commerce, and Domain Name follows.The conflicts come forth between the Domain Name and the related rights, such as trademark, business name, goodwill, geography identification and even people's name. The conflict between the Domain Name and the right of trademark is now hotly debated. Countries and cross-countries organizations endeavor to mediate the problem, but the situations seem to turn worse. Now some Domain Name conflicts plea to the courthouse and some cases of them have been resolved. But the judges can't find the exact regulates because Domain Name has not been admitted in law. The academic research on the law issue of the Domain Name brings us various opinions that make the problem more difficult.In order for a thorough solution, the author begins the research by analyzing the structure of the Domain Name and its operation, administration, registration systems, features its particularities, and prominently points out the multi-function in the modern society of the Domain Name. With the basic theory of IP law and the latest international achievements, the thesis objectively appraises different views in terms of the Domain Name's legal status, and emphasizes the interior distinctiveness between the Domain Name and the current concept of Intellectual Property. Discusses the main views of Domain Name and probes into whether it should be admitted by law. The author disagrees the opinion that claims to protect it by registered Domain Name into trademark and points out the great differencesbetween them. The author considers the legal system of intellectual property right is opening so that the Domain Name should be included as a kind of independent right. In the following parts of the essay, the author explores the fundamental causes of conflict and re-classifies the types of conflict between Domain Name and trademark, reanalyzes the similarity and the difference between Domain Name and trademark, makes comparison between the three major Domain Name dispute resolutions that have already been provided (UDRP, ACPA and the Domain Name Disputes Solution of China), it can provide ground for an effective method for solution.At last, the thesis baldly points out that it should stand an independent legal status in IP law. The thesis further provided fresh concept and it can possibly be valuable references to domestic legislation. The independent status of Domain Name should be granted, it is even more urgent under the current messy situation. Domain Name's profit-oriented particularity has been discovered, together with its other fundamental features; its independent legal status seems to be necessary and adequately grounded.