The Attribute Of Domain Name And The Perfection Of Mechanism For Resolving Domain Name Dispute

Domain name is a new type of intellectual property rights which emerges with the rapid development of computer technology and network technology and has great commercial and economic value. In practice, domain name is often conflicted with trademark and trade name because of the registration and use of domain name. Since the posterity of legislation of traditional intellectual property laws, how to resolve these conflicts brings broad disputes. To settle these disputes of domain name, we should not only define domain name exactly in technology but also recognize the features of intellectual property rights of domain name correctly in the eyes of the law, review Domain Name Dispute Resolution Mechanism in other countries and aware some difficulties and problems in China's Domain Name Legislation. Only in this way can perfect Domain Name Dispute Resolution Mechanism, strike the right balance between the development of domain name technology and the protection of law, and make network technology healthy and orderly progress within the law. This paper falls into six parts:Partâ… This part introduces relevant basic knowledge about domain name definition. It includes the relationship of domain name and IP address, the systemic manage of domain name and the sort of domain name, etc.Partâ…¡In this part, the writer analyzes the technological and social function of domain name and generalizes the characteristic of domain name.Partâ…¢The writer certainly makes plain the quality of law of domain name. Firstly, the writer finds out the causes of domain name to be an independent civil object from the dispute whether domain name is an independent civil object. Secondly, this part probes into which civil object that domain name is placed in. Last but not least, the paper points out that domain name has attribute of intellectual property rights but differs from trademark and commercial reputation.Partâ…£This part undertakes a comprehensive analysis of the reasons of the conflicts between domain name and traditional intellectual property rights and the representation and the law sequence.Partâ…¤In this part ,the writer reviews all kinds of mechanism of other countries about now to guard against and resolve the conflicts between domain name and traditional intellectual property rights.Partâ…¥This part introduces the situation of legislation in China. Use international Domain Name Dispute Resolution Mechanism for reference, reviews its deficiency, and suggests that we should strengthen the contract of registration of domain name for prevention, renovate arbitration, perfect the approaches of solving disputes and basic principles.