Conflicts And Solutions Between Domain Name And Trademark Law System

Along with the development of electronic commerce, the conflicts between domain names and trademarks are becoming more and more severe. With the method of analyzing the cases between domain names and trademarks, the thesis makes the point of view that the domain name has the character of the interest in the area of the intellectual property. The thesis also puts forward some suggestions on the resolution system of the conflicts. There are four parts in the thesis.First, the thesis analyzes and demonstrates some basic questions of domain name, including definition, characteristics and legal nature of domain name and points out that the nature of domain name is a new kind of intelligence property, and constructs the rights and obligations of the owner of domain name right.Second, the thesis analyzes and sums up several types of right dispute between domain name and other rights, and mostly analyzes the dispute between domain name and trademark. Domain name and trademark disputes are comparatively analyzed, comparing and referring the modes of domain name and trademark dispute in WIPO, ICANN and other countries, And points out the issues facing China in the course of settling the dispute.Third, the thesis introduces the international legislation about diputes settling of domain name, and gets the enlightening guidance for the legislation of our courty. Also, the thesis expounds the application of law about disputes settling of domain name, such law as trade mark law, cival law, anti-unlawfully competing law, etc.The last, this thesis special domain name law complying with our national condition should be put out to supply perfect judicial origin for increasing domain name conflict judgements, and makes a suggestion of domain name in protecting and solving principles, in order to prevent and reduce the domain name dispute from headstream, and perfect the current laws and regulations after the even.