Tries To Analyze The Network Domain Name And The Trademark Dispute Document Solution

Along with the Internet in the global rapid growth and the Internet commercialization, the network domain name registration and the use more and more arouses people's interest, the network domain name and the trademark both has the close relation, and had the remarkable difference, the domain name and the trademark dispute is the recent years involves the network to have, the type prominently newest, the suitable legal fuzziest kind of dispute, the domain name snatches the note the question more and more to be also serious. This kind of dispute production purely is following information technology the and so on the internet, World Wide Web production and the high speed development produces. It is the right and between the reality civil right as well as these new rights which the network technology newly produces has the dispute which the friction, the collision produces, is object which the law must adjust. The Chinese on-line copyright dispute lawsuit occurs in January, 1998, the Chinese network domain name dispute case occurs in April, 1999. Involves the network domain name dispute the case, has accepted our country first example domain name and the trademark rights dispute case since the Beijing first intermediate people's court, places court such as Beijing, Shanghai has accepted domain name dispute case more than 40, has not sued to the court dispute are more. "tide" (selects soaks), "ikea" (family harmony), "safeguard" (Shu Fujia) and so on the domain name dispute case the first trial decision result, has aroused the domestic and foreign widespread interests and the discussion. The people thought the court domain name dispute case the decision result often also has the important influence to our country network industry and the network economy development, thus the people's court can not but kind of dispute processing extremely be regarding this prudent. Adds other to involve the network the intellectual property rights dispute case, people's court's intellectual property rights administration of justice faced with the new challenge.This article is precisely conducts the research and the analysis under such big background, the full text altogether divides five parts to carry on the elaboration: First the foreword introduced the author proposes the research question background and the selected topic significance; The first part mainly elaborated the network domain name concept, the basic characteristic and the legal nature and so on, and to the domain name and the trademark, company's have carried on the simple comparison in law relation and the difference; The second part mainly was has suitablly conducted the thorough research to the domestic and foreign networks domain name present situation and the law, pointed out this article studied the characteristic; The third part carries on the summary to the present domain name and the trademark dispute and the dispute, and by the real diagnosis research method, has enumerated some network domain names and the trademark dispute case and the trial result which domestic and foreign occurs; Last the part is involves several questions to the domain name and the trademark dispute document the ponders, the legal liability pattern and to its perfect preliminary suggestion which CNNIC current uses, and snatched the note to the domain name evil intention the legal protection to carry on a more exhaustive analysis, finally pointed out the research the conclusion, the policy suggestion and the research limitation, as well as our country correlation law consummated necessity.The internet is "the double-edged sword" - it for humanity's work, the life brings the brand-new reform at the same time, also correspondingly makes many troubles. But these "the trouble" along with the internet non- region dissemination, any country all cannot escape by luck, China is not exceptional, to the present related domain name and the trademark dispute phenomenon massive existences, these disputes is testing the present trademark law, not right is competing legal framework and so on law. Through this article (?)laboration, hoped can the domain name dispute question solution provide some useful opinions and the suggestion to the Internet in, is more perfect and the perfect related law.