Analysis On Domain Name Protection System

Application of internet technology has raised all sorts of legal issues, in which issues generated by domain name as one of the hot spots worth our attention. The conflict between domain name problems and traditional intellectual property has become increasingly serious. Now we are confronting with the following major issues:how do we resolve the domain name disputes effectively, protect legitimate interests of obligee of domain name, and make a better balance among various kinds of subject of rights.The author divides this thesis into six parts:Preface, the author mainly analyses the background of domain name protection system, proposes the significance of domain name protection system. And the author also fully demonstrates the necessity and feasibility of implementation of the system. On this basis, the author defines the main research approaches and research direction.Chapter 1, introduces the basic knowledge of domain name. First, the author defines the exact concept of domain names, reviews the state of development of domain names protection system, and analyzes the characteristics of domain names. In order to give accurate definitions to domain names, the author discriminates domain name from other concepts.Chapter 2, discusses the legal nature of domain names. First, the author introduces various current theories about the nature of domain name, carries out evaluation, and finally puts forward my own views: agree with the view of studying and protecting domain names as independent objects of intellectual property rights.Chapter 3. analyses the forms of expression of domain name infringement, and illustrates these issues by analyzing typical cases.Chapter 4, analyses the current situation of domain names protection system both here and abroad. This chapter includes two parts:partâ… describes other countries' legal system of domain names protection, including the research findings of WIPO, treatment mechanism of ICANN, domain names protection system of United Sates and United Kingdom. The author also comparativeiy analyses the advantages and disadvantages of those systems. Partâ…¡describes the domestic domain names protection system, and mainly analyses the deficiency of current protection situation, which lays a solid foundation for the proposition of establishing the legal protection system for domain names.Chapter 5, the main content is coming up recommended measures on establishing domain names protection system. In addition, the author puts forward solutions and programs that are directed towards the deficiency of domain names protection system mentioned in the previous parts of this thesis. This chapter includes two parts:partâ… is proposals and measures from legal and institutional aspects, partâ…¡is about technical measures.In the conclusion part, the author further emphasizes on defining the legal status of domain names and establishing the significance of legal protection measures on domain names. I am just hoping this thesis is beneficial for speeding up the establishment of domain names protection system.