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The Unique Rule Of Application Of Law

Posted on:2008-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:T T GaoFull Text:PDF
GTID:2166360215963119Subject:International Law
Abstract/Summary:PDF Full Text Request
Domain name, from a technical view, is a kind of method to solve the problems of IP address parallelism. With the rapid development of E-commerce and Internet, domain name representing the status of corporation on the Internet, with its special nature of showing both the trade mark and trade name, is becoming more and more popular. At the same time, a lot of domain name cyber-squatting for the purpose of benefiting from its reselling came forth and becoming increasingly serious.Cyber-squatting usually means the behavior of registering other people's trade mark and/or trade name as one's own domain name. It is an even more often that someone register other people's previously registered famous trade marks as one's domain names. In the recent years, the setup, administration of domain name system and the related intellectual property disputes have long been the focus of discussion worldwide.WIPO, being the first Service Provider of domain name dispute settlement appointed by ICANN, has played an significant role in solving Internet-related domain name disputes since its formal receiving of authorization on November 29, 1999. According to the statistical data, WIPO Arbitration and Mediation Center has accepted and heard 10,177 cases by December 2006, involving 18,760 domain names (including Generic Top Level Domains (gTLDs) and Country Code Top Level Domains (ccTLDs) ), among which 9,389 cases (97% of the total amount) had been completed. Among all the gTLDs cases, 7,328 have been arbitrated, among which 84% of the awards were for the complainants and the disputed domain names were transferred to the complainants, while only 16% of the complaints were rejected.It is obvious that WIPO's important role in the protection of trademarks and in the resolution of domain name disputes is undeniable. Among all the cases that have been successfully settled by WIPO, only a very small portion (2,061 cases up to December 2006, 20.25% of the total amount) were resolved in the way of agreements between the two parties to transfer the disputed domains to the complainants. Most of the cases were arbitrated by the WIPO Arbitration and Mediation Center. The Uniform Domain Name Dispute Resolution Policy (UDRP), executed in December 1999, is its principal legal regulation. A series of unique, systematic rules for application of substantive law in the process of domain name dispute resolution have been formed during the long arbitration practices of WIPO Arbitration and Mediation Center. The study and absorption of such rules are definitely of great importance for the setup and perfection of the domain name resolution mechanisms in China and all over the world.This paper started with the UDRP rule and compared it with the substantive rule of famous arbitral agencies worldwide and substantive rule of World Trade Organization's Dispute Settlement Body (DSB). Besides, it also introduced many WIPO arbitral cases. The paper summed up some fundamental rules of WIPO's domain name arbitration and finally educed the theory of "quasi stare decisis".
Keywords/Search Tags:Domain name, Uniform Domain Name Dispute Resolution Policy, Domain name arbitration award, quasi stare decisis
PDF Full Text Request
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