In Terms Of Civil Law Protection Of Network Domain Name

Internet, as the economic global nervous system of globalization, its development speed is extraordinary swift. Industry's honest step of the information network of our country is also forging ahead with big strides. Internet is everywhere around us and the number of the network user's team expands gradually, consequently the civil dissensions which related to the intellectual property rights of computer network take place occasionally. The legal system that the previous network times builds is at a loss as to what to do to this circumstance, relevant laws and statutes lagged obviously behind the development of network domain name. Domain name systems and legal systems cause conflicts because they have not taken the existence and state of development of the other side into account. The theory circles are still disputed on that having intellectual property rights or not character to the domain name and if the range should be brought into intellectual property rights carries out a gauge system at present. Now available civil law protection of the network domain name still has some drawbacks and deficiencies, being not able to completely meet the settlement of the right dispute of the domain name. This essay is moved towards starting with these problem, analyze the current situation about the civil law protection of the network domain name of our country, draw lessons from foreign relevant systems and policies, put forward the suggestion of improving the civil law protection of the network domain name of our country.The article is divided into three parts altogether:Part one defines concept and property of the domain name right of the network. The domain name is alphanumeric bunch which represents international Internet's digital address. (Arabic numeral which divided into four groups separate in dot.) , this is a digital address; the domain name is a substitute which benefits memory of this kind of address. In fact the capacity of the network is very limited, it must be limited by the technical data of the current domain name system. The administrative system of domain name first involve address distribution of resource which determine the quantity of the network of countries and regions a certain can join INTERNET of host computer of network, or can apply for the registration of the quantity of the network domain name, the domain name becomes a kind of rare resource.The domain names can divide into the levels: they are top domain name, second domain name and tertiary domain name, so as to analogize. The rank of domain name, classification, range of application of the representatives of domain names of each grade is different. The second-level domain name is that the consumer designs that according to the needs of their own, have particularity and can differentiate to other consumer's alphabetic string, every consumer all wants to own a unique sign domain name. Therefore, this happen with domain name rare looks contradiction of resource and easy to bring dispute that involved in domain name.The domain name has attribute of the intellectual property right. It should respond to the protection range belonging to intellectual property rights. The domain name belongs to intelligence achievement and a kind of incorporeal property. Domain name as well as intellectual property rights have three characteristics: exclusive, temporality and regionalism. The circle of theory has two kinds of views about what kind right give to the domain name in progress of protecting. One kind of viewpoint thinks that the domain name belong to the part of trade credit, the other kind of view considers we should protect domain name and give commercial identification right to it as to trade marks and trade names. The author thinks , although there are connections between domain name and trade mark, there are obvious differences between them. We can not regard domain name as one kind of the trade mark and bring it into the category of the trade mark to protect. The domain name protection should be in progress under the intellectual property rights range and protect it in the form of right. It is standard and protective to considered domain name as a independent intellectual property rights and list it alone. It is no need to name domain name another name like "what kind of name " but directly name it "domain name right " is sufficiently.Part two has introduced the relevant network domain name right civil law protection system that involved in foreign country and international organization. Because network industry of developed country such as U.S.A. start relatively early, the protection of the network domain name is more comprehensive. Therefore the author has introduced the network domain name right civil law protection system of U.S.A., Japan, World Intellectual Property Organization and relevant policies tentatively.The American network domain name right civil law protection system has four kinds of systems, they are: NSI domain name management system, ICANN "Uniform Domain Name Dispute Resolution Policy", "Anticybersquatting Consumer Protection Act" and the theory of anti-downplay. This essay has stated the contents of these four kinds of theories, and has analyzed their respective pluses and minuses. "Regulations about Items such as Domain Name Registration "of Japan regulate the principles of applied first and unitary domain name system. The regulations also stipulated the principle of keep the public order other regulations that will not be registered. World Intellectual Property Organization has announced "The Stage Reports of the WIPO ". It has summed up primal problems which has discussed and negotiated by each side and put forward the preliminary suggestion on the legal questions about the confliction between domain name and the trade marks. On the basis keep organization fundamental content " the stage report ", this organization have drawn these new opinions to accomplish "the ultimate report of the consultative process of World Intellectual Property Organization Internet domain name ".Though the domain name protection systems of foreign country and international organization are more complete, the protection efforts to the right of the domain name is great, but we can't draw lessons from them totally and directly. We should establish the laws and regulations accords with our country's reality on the basis of detailed analysis their system and policy, combine the characteristic of the network domain name right dispute of our country. China successively issued criterion documents to the question of the domain name such as" the provisional management of Chinese internet's domain name registration ", " implementing detailed rules of Chinese internet's domain name registration ", " solutions of Chinese dispute of domain name ", " several instructions about the intellectual property right civil disputation case s caused by domain name registration and applicable " And " several explanation about the questions related to inquisition computer network domain name civil disputation cases applicable law of the Supreme People's Court " But these regulatory documents are not completely consummate but still has the drawback. The author has commented it in the third part.Part three has stated the current situation about network domain name right civil law protect of our country. Therefore the author pointed out domain name right protect drawback and deficiency that store in at the system in network at present and have put forward some complete suggestions to the drawbacks. The author has analyzed the current situation that the right of domain name of our country protects at first. Our country trial domain name right disputes suitable to apply " Trademark Law ", " law against competition by inappropriate means"and trade mark weakens theory generally at present. Secondly point out six drawbacks that the right protection system of domain name of our country exists and analyze one by one. The author has put forward ten concrete imaginations and suggestions of improving the right protection system of the domain name to these drawbacks again.In a word, to such legal system that exists and can be realized as civil law protection of the network domain name, our country legislation sum judiciary has reflected the practicability and flexibility. We should have clear understanding with this and exploring and perfecting on the existing foundation constantly at the same time.