Perfection Of Domain Name Legal Protection System Of China

With the roaring development of networks information technology andcommercialization of networks, the Internet is, with unprecedented speed,changing the mode of production, people's lifestyle, study and working methodand the existing economic structure and order as well. The domain name, whichplaying an important role on the Internet, is becoming a new preference in thecommercial competition. Many disputes on domain name are coming out whilepursuing domain name's commercial value and, as a result, that caused series oflegal problems. Now, it has become a problem we have to face to in Internet erato solve those disputes and perfect the protection system of domain name. In thisthesis, after a brief introduction of domain name, the problems of domain nameprotection system in our country is analyzed through the comparison of severaltypical domain name protection systems and the relevant status of the applicationof law in the two legal systems. And on that basis, some suggestions are broughtforward to make a contribution to perfecting domain name protection system ofour country.This thesis is consists of four chapters:In the first chapter, the domain name itself, the function and value ofdomain name is briefly introduced and the necessity to protect domain namethrough legal instrument is elucidated.The domain name is a core machine'sname in a specific networks, which is easily identified and remembered andcomposed by, according to a certain rule, the symbol of daily-life languagerelating to a specific person's image in real life to some extent. The domain nameitself has a characteristics of identification, uniqueness and exclusiveness. Withthe rapid development of Internet, especially the e-business, the commercialfunction of domain name becomes prominent besides the technical function. Inthe process of pursuing domain name's commercial value, the emergence aseries of disputes on domain name calls for the protection of domain nameowner's legal interests in Inter era. Human beings are unacquainted with thedomain name problems, which has propelled the renovation of human societyand social institution. Solving such problems only through technical and moralmeasures is far less than enough. The law has to regulate those behaviors andinterests conflicts in computer networks environment. That is the objectivejudgment that we made depending on the current regulations and philosophy oflegal principles and the requirement of Internet development in market economyas well.In the second chapter, the typical current domain name protection modesand the status of the application of law in domain name protection in the twolegal systems are introduced and evaluated. This chapter consists of two sections.The first section is about the two typical modes and the evaluation of the currentdomain name legal protection system. The advantages and disadvantages ofthose two modes are concluded through the comparison of the American modeand ICANN mode. The status of the application of law in domain name legalprotection in the courts of the two legal systems is introduced in the secondsection. Through comparative analysis, it is concluded that when those courtsinquisite domain name disputes, they generally accept, but not limited in,trademark protection measures while considering the infringement in computernetworks environment. However, because of the lack of regulations applyingdirectly for domain name disputes in every country and the judges'differentunderstanding on law and technology, when the courts of different countriessolve domain name disputes, a new type of dispute, they take different methodsand theories. In such conditions, facing those domain name disputes with thesame nature, even the courts in the same country will make totally differentjudgment.The author introduces the current status of our country's domain name legalprotection and analyzes the problems therein in the third chapter. In thebeginning of this chapter, the categories of domain name disputes are introducedand then, the origin is analyzed. In the process of analyzing the current status ofthe application of law in our country's domain name protection, the authormakes a comparative study on three kinds of domain protection measures:protecting domain name by law of trademarks, law against unfair competitionand other laws and regulations. The advantages are concluded but thedisadvantages are argued in detail respectively. Thus, the specific amendmentpolicies are pointed out for the relevant sections of next chapter Perfection ofDomain Name Legal Protection System In Our Country. As to the ad hoclegislation, the disadvantages of our country's current ad hoc legislation ondomain name are pointed out for the theoretical basis of the following chapterfrom two aspects: the logic of legislation and the details of regulations.Chapter Four is about perfection of domain name legal protection system inour country. In this chapter, the author makes the suggestions to systemperfection focusing on the problems of current domain name legal protection inour country that argued in the third chapter from three aspects: first, with regardto the perfection of domain name disputes solution system, we should drawcertain experiences from other countries and try to reflect our characteristics inthe adaptation to treaties or agreement of world organizations. Meanwhile, ourgovernment shall clarify the legal nature and the limits of authority of CNNICand try to eliminate the divergences of different administrative systems and tofound a united one. And at the same time, the function of non-officialorganizations and administrative sectors in solving domain name disputes shallbe emphasized. With the continuous perfection of disputes solution system, theperfect structure of "non-official solution——administrative management——arbitration——litigation", as the domain name disputes solution system, willcome in being. Secondly, concerning the perfection of the application of currentlaw, the author suggests regulating the relevant regulations to solve the severalkinds of domain name disputes that frequently happened. While perfecting thewell-known trademarks ad hoc protection system, the study on legal protectionsystem against counter infringement to domain name shall be encouraged. As tothe malicious domain name registration problems, it shall be adopted into theregulation range of law against unfair competition by extending its regulationrange. Thirdly, regarding the ad hoc legislation of domain name protection, theauthor suggests emphasizing the study on the problems of the ad hoc legislationof domain name in order to recognize the legal nature of domain name and toclarify its "position"in law field. The study of disputes solution methods, thechoice of disputes solution measures and the construction of relevant systemshall be carried out in the precondition that domain name exists as anindependent object. As a result, the perfection of domain name legal protectionsystem may be finally realized.