Conflict And Resolution Mechanism Of Rights Between Domain And Trademark

Recently, with the development of social science and technology, especially the rapid development of electronic internet, international economic and civilization have huge progress. In the process, the consummation and development of domain name and trademark rights have provided with particular commercial value. But the later development of domain name provokes conflicts between domain name and trademark rights in reality , moreover, Present laws and regulations and correlative theories don't resolve it better. Lack of a systematic settlement mechanism of conflicts, It makes the resolution of rights conflicts a important problem in theory and practical realm. This thesis mainly commences from basic theory, trying detailed analysis and providing resolution, and hoping a great role.The thesis consists of the prelude, body and postscript. The body is totally divided into four parts:Part one, outlines mainly basic problem of domain name and trademark. Internet domain names in the network user's name and address, and identification with the Technical nature of the two important functions. Virtual world and the real world Domain name trademark 15 fundamentally different from the domain name with the Attributes of the object of intellectual property, is independent of the traditional property rights and Personal rights and intellectual Property rights of the new object, the right to the domain name.Part two, mainly analyzes the causes, as follows internal cause external factor, and styles, based on evil intention and none. Among them, the internal factors include: the composition of the domain name and trademark approximation; marking the role of business; both regional differences. External factors include: a special domain name registration; non-one-to-one relationship between the two; the protection of famous enough; disadvantage, such as sanctions. The right type of conflict and in accordance with malicious based on malicious and non-specific analysis and discussion. The focus of analysis in this conflict because of the malicious types, such as: maliciously registered domain names, Reverse Domain Name Hijacking, domain names of well-known marks and desalination.Part three, makes a Comparative analysis with settlement mechanism of different countries and organizations. First, introduce the content,character,merit and shortcomings of NSI,ICANN,and WIPO's legislations. Second, introduces different settlement mechanism of developed country such as America,Japan and Germany. Especially, analyze the merit and shorting comes of Anti Cyber Squatting Consumer Protection Act in details. Finally, introduce our country's legislation. Based on our Trademark Act,Unfair Competition Act and Judicial interpretation, putting forward judicature way to resolve the existing question of rights conflicts.Part four, the writer analyses legal countermeasure and opinions to resolve rights conflicts. It bases on the principles of application first and registration first,fair,right limitation,public interest and Well-known trademark protection. Meanwhile, the thesis introduces some ways to resolve conflicts in details. By improving legislation and the theory, we can resolve the conflicts better, and make rapid improvement of science and technology, and give legal safeguard.