On The Domain Name's Lawful Status From The Conflict Between Domain Name And Brand Right

In a time that the Internet develops so rapidly, people's traditional living style and the current law system both are faced with great challenges from the newborn things on Internet, In the law field, many traditional views are impacted and argues are induced among scholars. Among them, argues induced by domain name, especially the conflict between domain name and brand right, is one of the questions discussed mostly in the intellectual property rights field in recent years. It has become the focus and main responsibility of law in many countries to analyze and solve the conflict between domain name and brand right in theory and in practice.Domain name, a newborn thing that came into being under the environment of Internet, has a close relationship with the traditional brand. The two have common points but great differences at the same time. These relations and differences bring many problems for enterprises to enhance the influence of their brands in the field of E-commerce in the concrete practice process, thus induce conflict between domain name and brand right. The expressions and reasons of the conflict between the two are diverse. To solve the conflict, the WTPO and its members have taken corresponding measures. However, the conflict has not been solved ultimately, and the ultimate solution depends on the confirmation of the lawful status of domain name.Through discussing the relations and conflicts as well as expressions and reasons between and of domain name and brand, together with related international system and process, and referring to related law regulations, cases and scholars' views and issues, this paper confirms the domain name's status in intellectual property right field and puts forward the independent right in intellectual property right field of domain name. Through discussion of this view, this paper proposes some shallow suggestions, hoping that the lawful interest of the owners of domain name and brand right could be protected and the right and obligation of the two could be balanced better in the Internet time.