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Several Legal Issues About The Real-Name Network

Posted on:2008-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:Q C WeiFull Text:PDF
GTID:2166360242977602Subject:Law
Abstract/Summary:PDF Full Text Request
In the last few years ,with the continuous development of the technique of Network keywords,"the real-name network", as a new type of visiting methods to the Network on the base of the technique Network keywords, has been widely used in China. But at the same time, there are more and more disputes about it, especially the disputes between it and the existing business marking. Because of the lagging in management and legislation, there are still many problems to be resolved about the disputes of the real-name network.There are four parts in this article:The first: the background of the real-name network. It mainly introduced the concept, the principle of operation, the revolution of the real-name network and the relationship between the real-name network and the generic website.The second: the disputes between the real-name network and the business marking. It talks about four problems,the judicatory affirms of trademark infringement in the disputes between the real-name network and trademark; Weather the real-name network has the proprietary civil right in the disputes between it and the later trademark; Weather the right of the enterprise name can be extended to the realm of the network; The applying of law in the disputes between the similar real-name networks. The writer analyzed these problems, and got the conclusion.The third: How to decide the responsibility of the provider of the registering service in the trademark infringement. the writer thought that the provider of service should take the responsibility of the medium in the network, and analyzed the question about the principle of responsibility, direct or indirect responsibility, the refusing of responsibility, the way of responsibility.The fourth: the improving of the resolving system of the disputes in the network keywords. This part analyzed the existing problems of resolving system of the disputes in the network keywords,and gave some advice.
Keywords/Search Tags:real-name network, business marking, responsibility fixing, disputes resolving
PDF Full Text Request
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