Conflicts Between The Domain Name And The Trademark Rights And Its Judicial Rules And Regulations

In the knowledge-base economy times with Internet as its important symbol, as the global biggest public information platform, the Internet has become the important foundation for the various countries and regions to develop their knowledge-base economy. However, just as what people often say, everything always has the dual character; the Internet on the one hand brings the human society much convenient and infinite opportunities; it on the other hand causes people to fall into the benefit disputes. For instance, the conflicts between the domain name in network environment and the trademark rights in the real world frequently occur. Therefore, this dissertation carries on the systemic analysis on the conflicts between the domain name and the trademark rights, carries through the comprehensive thorough discussion on the conflicts between the domain name and the trademark rights, and attempts to propose the related suggestions to help to resolve the practical judicial disputes at this domain in our country.The first chapter illustrates the domain name outline and its legal nature, the writer outlines the birth and the developments, the function, the way to obtain and the legal nature of the domain name. The writer considers that the domain name contains all the basic essential factors to constitute the right, having both the general characteristic to achieve intellectual property rights, and the unique characteristic different from other intellectual property rights. Therefore, on the one hand we should acknowledge the attribute of the domain name as the intellectual property rights; on the other hand we shall not group it to any type of the existing intellectual property rights. The most appropriate way is to protect it as one kind of independent coordinate intellectual property rights as the trademark.The second chapter is on the comparison between the domain name rights and the trademark rights, a comprehensive and systemic comparison has been made in the aspects of the obtaining way, own constitution, the basic characteristic, the suitable object, the potency scope of the domain name rights and the trademark rights, so as to draw a conclusion of the similarity and the dissimilarity of the two kinds of intellectual property rights.The third chapter is on the conflicts between the domain name and the trademark rights, the writer introduces and analyses by the induction the coincident and identical use of the same name caused by the conflicts between the existing snatches in evil intention and the registration in good intentions, the reverse snatches of the domain name, the reverse snatches of the trademark and other kinds of conflicts between the domain name and the trademark rights.The fourth chapter is on the situation of using the judicature way to solute the conflicts between the domain name and trademark rights. The writer analyses the present situation and the existing questions on using judicature way to resolve the conflicts.The fifth chapter illuminates the conceiving of the related questions appearing from the conflicts resolution process in the judicature way. The writer embarks from the judicial practice angle, puts forward his own proposal and the countermeasure from three aspects: First, unifies the legal standards in the present legal frame; Second, unifies the referee standards by establishing the principle of abiding precedent system in the judicature domain of intellectual property rights and by establishing the necessary principle for us to resolve the conflicts between the domain name and the trademark rights. Third, treats the domain name as the right and takes measures to protect the domain name.