Research On The Law Issue Of Domain Name Rights

The Internet is a important medium in the activities of modern citizens, the country's political activities, or the daily lives of citizens, are available through the network, domain names are the bridge on the network platform to link thousands of websites, and also implies great value, the rampant infringement to domain names, no matter domain name rights irrupt prior rights, or the reverse domain name infringement, have highlighted the lack of protections of current domain name system. This paper attempts to provide some insights for the protection by researching of domain name rights.This paper is divided into five chapters, an overview of domain name rights, the legal property of domain name rights, the elements in the legal relationship of domain name rights, the infringement to domain names, and the legislation of domain name rights. Chapter I the overview of domain name rights. Separately from the concepts, functions, value and characteristics of domain names in terms to get a general overview of domain name rights. Chapter II legal property of domain name rights. According to the differences of the academic debate of the property of domain name rights, I give my comment on the scholar theory of domain name rights, like property rights, intellectual property rights, and rights deny, and corroding that domain names rights have the properties of ordinary legal object and intellectual property rights'object, so domain name rights could belong to IP system. Chapter III the elements in the legal relationship of domain name rights. The current legislation does not support the individual subject of domain names, my view is that the subjects should include the individual and unit, domain name right could also be owned between many subjects. The contents of this right discussed in this paper are use and disposition. Chapter IV obtain and loss of domain name rights. This part describes different ways to obtain domain name rights, the situations of loss and the legal consequences. Chapter V the infringements to domain name rights and the legal way to regulate. This chapter discusses the main types of domain name infringement: domain theft, domain name confusion and reverse Infringement of domain name; legal advices of domain name protection of the author.