The Research On Legal Protection Of Domain Name

Network development to human society brought about a huge revolution. It is convenient to human society, but also on the impact on the existing legal system. A series of domain name disputes, intellectual property rights protection network, legal and coordination issues, world attention has become a hot issue. Domain name as the domain name owner positioning and identity for the computer network address, it appears no exception, the traditional intellectual property law system a series of challenges. Understanding of domain names in the same time, more effective coordination of domain name conflicts with the traditional intellectual property, domain names related to properly resolve disputes, improve the dispute resolution mechanism for domain names, which not only the development of e-commerce, but also the vested interests of domain holders and Internet users actively protect the legitimate rights and interests. Therefore, this paper based on the knowledge of the domain name, the domain name from abroad and reasonable theory of intellectual property protection of research results to suit our national conditions and amendments to improve in order to enable them to integrate into the theoretical system of intellectual property law, on the perfect knowledge benefit of legal protection of property rights system, have extension.This addition to the introduction and conclusion, is divided into four parts:The first part: the legal nature of domain names. Some of the scholars of the legal nature of domain names held differences of opinion. First, the analysis of a number of scholars believe that the right to deny that the domain name point of view. They say that the domain name itself is only a technical functions under the network environment the character symbols, can't and doesn't need to give it any independent intellectual property rights. Second, it analyzes the nature of the domain name put on hold, said the legal point of view. Say that: in the domain name system itself is not yet mature, it is difficult to deconstruct them clearly ahead of the rights to domain names and other issues of concern and research, as to the legal nature of domain name itself, and so on, as the case may be, will have to. Again, the domain name is also the view that civil rights were analyzed. Finally, intellectual property rights that view in depth. This part of the domain name the characteristics of intellectual property rights on the basis of thorough analysis, and then the domain name that is different from the traditional intellectual property rights of the Department. The second part: the extra-territorial domain of intellectual property protection. First, the part of a comprehensive introduction to the United States on the protection domain of this new course of development rights, as well as in-depth analysis of the protection of the right domain name "adopted by the Federal Trademark Dilution Act," and "Anti-Cybersquatting Consumer Protection Act," the two contents of the bill; Secondly, the introduction of the British domain name protection; and protection to the domain name to Anglo-American Enlightenment analyzed. Finally, the protection of the domain name in Japan that the Japanese name institutions of civil disputes the importance that we can learn.The third part: the international protection of intellectual property domain. This part of the rules by introducing the NSI Rules , ICANN Rules and WIPO final report, analysis of the international community's efforts to domain name protection.The fourth part: the domain of intellectual property protection of our legal system. This section first describes the conservation status of the domain name; followed by the management from registration, dispute settlement and legislation of the lack of protection of the domain name; Finally, the aforementioned problem, the perfection of the legal protection of domain names put forward their own system Some of the recommendations.