The Preliminary Study On Right Conflicts Of Trademark And Domain Name

Extensive appliance of computer and Internet promotes the development of technology and economy. E-commerce, Internet information service and Internet communication have become an important part of market economy society, and a series of law conflicts exist in differing domain name from trademark. So, what is domain? What forms do the conflicts embody? Why do this kind of conflicts appear? What channels can be used to resolve the conflicts? And what methods can we adopt when we face this predicament?Firstly, the dissertation begins from analyzing and discriminating concepts, which includes trademark, domain name, right conflicts and so on. Furthermore, it expounds the right attribute and concrete content of domain name. The domain name right possesses invisibility, mark, region and exclusion nature, which has so many differences comparing with other civil rights.Secondly, the dissertation analyzes the background and reasons that the rights conflict of trademark and domain name emerges. And it tell us this conflict is determined by respective character, and that is the inevitable result of interest prompting, and that is result from the flaw of system in effect and the limit of method of domain name system distribution.Thirdly, this article enumerates the main forms about the right conflicts of trademark and domain name. It points out these conflicts are mainly that registered domainname including others' registered trademark, and that domain name is registered maliciously and that domain name is prior registered, and it also elaborates these forms respectively in detail.Fourthly, the dissertation analyzes the related provisions about the right conflicts of trademark and domain name in china, America, Japan and WIPO from theperspective of comparative law.Lastly, this article puts forward some suggestions on the resolution system of the conflicts. It expounds five principles which we must abide by. It analyzes the conflicts resolution concept from the angle of value theory and technology theory, and suggests that improving related provisions and establishing authority organizations and revising domain name supervision system and concluding international pact on domain name protection are essential.