On Legislation Of Right Of Domain Name

With the development of internet, there is much influence from it in society. Domain name is a kind of net address in the internet which is necessary for internet visitor. Domain name system is the base of internet function. To gain limited domain name resource is basal requirement of internet user. From the birth of internet to now, there were lots of lawsuits on the right of domain name, many of which represented high capital and carried high weight in society. The social requirement from it promotes the development of law on the right of domain name, and to do research on that is very significant in theory and practice.Domain name represents address in the internet, is exclusive, global and perdurable. Its basal function is technique and identify. Technique means that domain name represents internet address, and identify means that domain name represents internet status. Owing to function of identify, domain name indicates high economic benefit. The object of the right of domain name is domain name of internet, anybody has this right can use, change, write off, transfer and admit the domain name. As for the character of right of domain, there are many theories such as technical sign, name right, property right, creditor right, intellectual property right and faintness, the theory is more reasonable. About legislation of right of domain name, there are self-contained rules from international organization and foreign country, and our country's rules are administrative regulation, settling dispute regulation and judicatory explain. There are many conflicts between the right of domain name and other right of domain name, intellectual property right, civil right. In theory, it is from benefit conflict under that; on law, the best way to settle this problem is to make unitize law on the right of symbol. The disadvantages of law of the right of domain name are: there is no unitize law, the grade of law is low, law system is deficient. In order to perfecting law, we should establish principle, protect interrelated right, adjust enrollment and improve on issue settlement mechanism.