Research On Legal Issues Concerning The Right Conflicts Of Domain Name And Brand

The right conflicts of domain names and brands is a new problem in the knowledge property right field,and it is also a focus that we fix our eyes on in the world. In the past years, the domain names of many brands of famous corporation were registered by others, which made them lose the good chances to show themselves and caused much economic losses. Why does such situation exist? What is the legal relationship between domain names and brands? How to efficiently guard and solve the problems between them? These are the main questions researched in this paper. The purpose is to establish the theories to protect the knowledge property right in the INTERNET space.Therefore,we can accelerate a more perfect knowledge property right law.The primary signification of INTERNET domain names and brands is given and the relations and diferences between them are analyzed in detail, which are more meticulous and systemic than other scattered viewpoints. The represent forms of the right conflict of domain names and brands are also analyzed, which are separated into four kinds ,and the preemptive domain name registration is emphatically studied.This part discusses legal attributes of the right conflict.The author considers the reality and enacts in our country and airs his opinions on it.This part also discusses the reasons of the right conflicts of domain names and brands which are sum up to two intrinsic factors and four other extrinsic facts.The studies of the dispute resolution of domain names and brands is the hard core of this paper,which is innovative.This part specially discusses four aspects, which are the theory, the practice, the legislation and the special protection for resounding brands in the INTERNET . This paper probes into the lag of lawmaking. It provides the references for the legislation in the future.The special protection for resounding brands in the INTERNET is also discussed, which is a tide in the world. It provides theoretic gists for establishing and improving the INTERNET criterion in our country.