On The Conflicts Between Domain Name And Trademark

With the development of electronic commerce,as the trademark on line,domain name has provided with particular commercial value.Simultaneously,the development of domain name provokes conflicts between domain name and trademark.Therefore,it brings an enormous challenge and impact on traditional legal system of Intellectual property rights.So, how to solve the conflicts have become legal problems which need urgent solution.In this paper,from a legal perspective to explore the conflicts between domain name and trademark theoretically,the fundamental nature of domain name,the domain name and trademark from the performance of the conflicts,causes based on going into details about the domain name and trademark of the deep-seated analysis,then through international organizations as well as main developed countries and China Taiwan and China to solve the conflicts of the related existing laws,and explore the legal channels to resolve this problem. With a view to enrich and improve the system and related contents of intellectual property law our country,to provide a scientific basis for the legislature and the judiciary.In addition to introduction,the paper is divided into four parts:The first part begins with the concept,features,function,property rights of domain name and trademark as well as its acquirement,compares the domain name and trademark, summarizes the main types of the conflicts between them and analyzes the causes.The second part introduces related existing rules of conflicts resolution between domain name and trademark,which are used by international organization and developed countries.China Taiwan is also mentioned.The third part introduces the related existing laws of our country and points out the problems of related existing laws in China by analysis.The fourth part gives the considerations to enrich and improve related existing laws of our country.Including the principles which should be complied with and the advanced legislative experience of foreign developed countries which should be referred to,to perfect the existing laws and administrative regulations in China and so on.