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Improve And Perfect The Mechanism Of Settling Dispute Between Domain Name And Trade Mark

Posted on:2007-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:X M LinFull Text:PDF
GTID:2166360212978166Subject:International Law
Abstract/Summary:PDF Full Text Request
The internet can not develop by leaps and bounds without IP address and domain name。But every domain name is unique, identification and scarce,and this bring considerable profit to the person who register domain name。And at the same time,It bring lots of dispute between domain name and other rights to nag the legal expert and DNS administering authority。How to determine the legal status of domain name and domain name right?How to reduce dispute between domain name and other rights especially trade mark? In this text we study the mechanism of settling dispute between domain and trade mark and how to improve it。The author divide the text into 4 Chapters to discuss:In chapter 1 she first analyzes the characteristic and the property of domain name,the legal property of domain name right,then shows her viewpoint that domain name is an intellectual achievement whose right satisfies the essential requirements for intellectual property and should be protected as an independent intellectual property object;In chapter 2 she analyzes the cause of dispute between domain name and trade mark,then introduces the variety of dispute;In chapter 3 she dwells on mechanism of settling dispute in the world,so that we can use it for reference to improve and perfect mechanism of settling dispute in China;Chapter 4 is the last chapter and also the emphasis and purpose in the text。in the chapter the author analyses in depth the problem in our mechanism of settling dispute,then aim at the problem,she takes some countermeasures to improve and perfect it。We should take four measures below to improve the DNS administration in China:1,To strict the registration-policy of domain name to eliminate baleful snatch on domain name from source;2,To discriminate the key domain name to distinguish different enterprise。3,To endow DNS registration institution some right to cancel the domain name which lay idle。4,To check up all the rules and clean the useless rules to perfect the DNS administration in China。To the problem in our judicial mechanism of settling dispute,the author suggests that we should improve"two LAW and two LEGAL EXPLANATION"as below:1,We should protect the domain name right asit is an independent intellectual property;2,To complete the registration-policy of trade mark to safeguard the right belong to well-known domain name specially;3,check up all the rules in"two LAW and two LEGAL EXPLANATION"to perfect legislation about domain name in China。...
Keywords/Search Tags:Domain Name, Trade Mark, Dispute of Domain Name
PDF Full Text Request
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