Conflicts And Choices

With the booming of the network and E-commerce, various conflicts between domain name and other prior rights increasingly arise and have a negative effect on the right holders in the real world. However, facing the changing situation, the current legal system in this field is unsatisfactory.After introduce the right of person name, and the conflict of relevant rights, the article carries out an in-depth discussion on the subject of"legal resolution of conflicts between the right of domain name and the right of personal name. In addition to the preface and conclusion, the article is divided into four parts:Chapter 1 is the summary of the right of domain name and name. This chapter introduces and analyzes the right of domain name and the right of personal name in a broad perspective, including their meaning, character and the legal forms.Chapter 2 is the forms and causes of the conflicts between the right of domain name and the right of name. This chapter firstly examines the relevance and difference between the right of Domain Name and the right of Name. Afterwards it enumerates and analyzes many sorts of conflicts between the right of domain name and the right of name in details. Then it analyzes the cause of the conflict from three aspects: technical cause, economic cause, institutional and legal cause.Chapter 3 is the present resolution methods of the conflicts between the right of domain name and the right of name. The chapter firstly expatiates the derivation of present legal procedure and the contribution of Final Report of First WIPO Internet Domain Name Process constituted by WIPO, and then carries out a thorough discussion on the resolutions of conflicts between the right of domain name and the right of name which was brought out by Second WIPO Internet Domain Name Process. Then the chapter analyzes present legal practice in United States of America and Germany, and summarizes all feasible remedies at present.Chapter 4 is the coordination of the conflicts between the right of Domain Name and the right of Name. This chapter summarizes the principles of coordination of right conflicts between the right of domain name and the right of name, and then put forward to some proposals for intuitional construction on registering and law settlement aspects.