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Analysis On Rights Of Domain Name

Posted on:2007-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:R XuFull Text:PDF
Abstract/Summary:PDF Full Text Request
The domain name is the character mark of hierarchy formula applied to the identification and orientation of computers in the internet, and its basic structure is arranged by Class A, Class B and Class C domain names. The Class B and Class C domain names are character combinations set up freely by the applier which raise the domain name disputes. Exclusiveness in the world, universality of interspaces and identifiability (especially in the use of Chinese domain names) form the domain names'main character.In order to analyze the legal issues related to the domain names, we should confirm their legal character and define them as a legal concept, which includes the specific rights and obligations, rather than a simple technology term. There are four kinds of theories concerning the character of the rights of the domain names, including the theory of suspending, the theory of civil rights, the theory of intellectual rights and theory of non-rights.Obligee gets his legal rights, which is known in this thesis as"Analysis rights of the domain names"for his registration. These analysis rights are kinds of contract claim rights in essence, including the claiming right to the domain name administration agencies and service providers and the right of protecting their normal uses from disturbing.Besides the above rights, obligee can share other legal rights for the analysis function of IP addresses such as logo right, name right, copyright, among which logo right is the most popular.The disputes arise in practice are not from the use based on their analysis functions or their registration, but from the interest conflicts with the logo obligee when domain names are regarded as logo in other commercial use. In this sense, the disputes on domain name interests do not arise from the conflict between"Analysis rights of domain name"itself and the traditional logo right, but from the conflict between the certain interests caused from the obligees, which was happened after such essential elements of domain names as letters, words, numbers, or the integration of them have had the character of traditional logo right object or essentials. Certainly, based on the theory, the disputes may also arise from the conflict between domain name obligees and other traditional intellectual property obligees, besides the logo right obligees.Therefore, making the essence of the rights of the domain names clear and analyzing the rights and obligations in all kinds of the domain name disputes is very important to establish the principles of resolving these disputes and construct perfect legal system related to the domain names.
Keywords/Search Tags:Domain name, Legal right, Dispute of domain name, Legal principles
PDF Full Text Request
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