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The Research On Legal Issues Of Internet Domain Name

Posted on:2006-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:B LiFull Text:PDF
GTID:2166360155463176Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the sweeping globe of the Internet and the violent growth of e-commerce there are facing more and more Internet domain name disputes.The disputes between domain name and traditional intellectual property such as trade mark right have been keeping cropping up so as to pose a severe challenge to the traditional intellectual property.Due to the absence of distinct definition and law system concerned,domain name has made a hary progress in term of its registry,administration and protection.By the means of comparison and case this dissertation will analyse and discuss the issue of administration and law protection of domain name(inclusive of unique Chinese domain name system of our country) based on the analyses of practice of solving the domain name disputes in Britain,U.S.A.and international organization concerned as whole.There are seven chapters in this dissertation besides the prelude.Chapter one concerns about the appearance and development of domain name.To begin with the technical features,this chapter introduces briefly the questions relating to registry and administration of domain name,and outlines the tendency of development of domain name.Chapter Two concerns about the analysis of law characterestics of domain name.In analytical comparison with the traditional intellectual property such as trade mark and trade name this chapter clarifies clearly that the domain name,which is of economic thinness,should be protected by law.According to the above-mentioned comparison and analysis the domain name is not detached from the intellectualproperty in term of the nature of law.Chapter Three concerns about the general summary of domain name.To begin with the appearance of domain name disputes,the chapter analyses thoroughly what emerges most frequently in domain name diputes:registry of robbery and embezzlement.In combination with the above theory and the current solution practice of domain name disputes of our country,this chapter analyses the defects that lie in the solution practice of domain name disputes,and bring out the wrter's personal suggestion on how to improve itChapter Four concerns about the administration and dispute solution of domain name viewed from law of exotic states.This chapter reviews the advantages on registry,administration and dispute resolution of domain name in Britian and U.S.A.,especially Federal Tradmark Dilution Act and Anticybe Lersquatting Consumer Protection Act from United States.Finally it suggests that there be improvement and pefection to our country's protecting system of domain name with reference of the above-mentioned advantages from both Britain and United States.Chapter Five concerns about the international administration and dispute resolution of domain name.Firstly it starts by looking back on the process of dispute solution of international organization.lt aslo comments on standard procedure of reducing and preventing disputes of domain name,uniform procedure of dispute solution and prior protection of well-known trademark.Finally it ends up with establishing and improving the global uniform solution system of domain name disputes adoped by Internet Corporation for Assigned Names and Numbers,abbre. as ICANN,which is on the basis of WIPO's Final Report.Uniform Domain Name Dispute Resolution Policy plus its Procedure Norms,made by the system that has altered radically the traditional non-judicatory resolution pattern for registry of robbery of domain name representative of NSI, has become main norms dealing with the non-judicatory resolution of various international top domain name disputes.Forthermore it has been running smoothly so as to get excellent effects in international community.Chapter Six concerns about the Chinese domain name system and its lawprotection.Although the Chinese domain name system has been denied to develop without the current English one which has it own technical features,this point doesnot prevent it from developing a extraordinary and indispensable platform in our Chinese daily life.According to the unique characteristics of Chinese domain name system it remarks flaws in its registry,administration and law protectionrthere should shed light on the law nature and administrative agency ,also establish and improve the legislation concered of domain name.Chapter Seven concern about improving the system on registry,adminstration and legal protection of domain name.There are many administrative and safeguard flaws in the newly emerging domain name of intellectual property.lt is critical to establish a scientific and uniform system on administration and legal protection of domain name on how to protect domain name by law,how to solve the disputes and balance the interests between both the domain name and the traditional intelectual property.Therefore,the writer offers his conceptions and suggestions on the registry,administration and legal protection domain name based on national conditions of our country,and on the basis of registry,adminstration and law protection practice in United States and the international organizations concerned as well, in which the most critical is to institute the specific law retating to domain name when opportunity is ready.
Keywords/Search Tags:domain name, registry of domain name, administration of domain name, domain name dispute
PDF Full Text Request
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