Structuring The Legal System In Anticybersquatting Act In China

The purpose of this article is to structure the legal system in Anticybersquatting Act in China. Adopting a comparative method, detailed comparisons are made between Uniform Domain Name Dispute Resolution Policy and Anticybersquatting Act. As such this paper explores the advantages of these two systems. Then, the current laws and practice related to anticybersquatting in China will be critically examined. Lastly, using the UDRP and ACPA as reference, suggestions are made to enact the Anticybersquatting Act in China. In chapter one, different characteristics in domain name system and trademark system will be explored respectively. These conflicts bring serious jurisdictional problems, and also the application problems of special laws. However, these problems cannot be solved simply by adopting the domain name system into trademark system or adopting the trademark system into domain name system. The way to solve these problems will inevitably involve the national level, international level and supranational level. This variety of characteristics is showed in the application of UDRP as supranational law and the application of ACPA as national law. Chapter two concentrates on the legal system in anticybersquatting problem. Firstly, the values of the right of domain name are evaluated, and then the practice in settling the cybersquatting problems in different countries is explored. Next, emphasis is paid on the legal regulations and developments in cases of UDRP and ACPA. UDRP is proved to be a simple and quick procedure to settle the cybersquatting problem. And ACPA also has lots of advantages, such as the in rem action, the conditions in "bad faith", the remedies and so on. The existence of both pushes the system to develop in a more fair and reasonable direction. Chapter three turns to the situation in China, both in legislative and practical perception. Section one critically shows the defects in applying Chinese Trademark Law and Anti-competition Law. Section two analyses a particular cybersquatting case, from which the problems in applying law are explored. As a result, it is necessary and possible to enact the special anticybersquatting law in China. Chapter four, legislative suggestions are made to structure the legal system of Anticybersquatting Act. The whole system includes the conditions in applicable disputes, "bad faith" and the protections of famous trademarks, in rem action, the legal procedure, the legal remedies and so on.