On The Conflict Between Domain Name And Trade Mark Rights

With the development of international electronic commerce, as the trademark on line, domain name has provided with particular commercial value. Simultaneously, the development of domain name provokes conflicts between domain name and trademark rights. Therefore, it brings an enormous challenge and impact on traditional legal system of intellectual property rights. So, how to solve the conflicts and balance their Legitimate Rights and Interests have become legal problems which need urgent solution.This thesis mainly commences from the legal rules and regulations, trying to solve the conflict between domain name and trademark rights. The thesis is totally divided into four parts, the basic content as follows: the first part mainly constitute the distinction between domain name and trademark rights. The thesis first introduces the domain name's meanings, character and structure. Base on this, it mainly discusses the legal character of domain name. Then, it analyzes the jurisprudential circle's different Opinions on the domain name's legal character, and demonstrates that domain name belongs to intellectual property rights. In addition, introduces the basic theory of trademark and trademark rights. In the end of this part, introduces the relation and difference between domain name and trademark rights in detail. The second part mainly analyzes the typical style of the conflict, and the cause of the conflict. The third part mainly introduces legislation of WIPO, ICANN and American. The WIPO's , ICANN's UDRP and American are all efficient legislation which can solve the conflict between domain name and trademark rights. There are many ways worth our country's legislation to draw lessons from, such as statutory damages and in rem actions etc. the last part of thesis first introducing our country's legislation actuality on conflict between domain name and trademark rights, and point out their posteriority and deficiency. In the end, the thesis brings forward some countermeasure to consummate our country's legal system on the conflict between domain name and trademark rights.