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On The Legal System Of Resolving Conflicts Between Domain Name Right And Trademark Right In China

Posted on:2011-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:X M SongFull Text:PDF
GTID:2166360308985053Subject:Administrative Management
Abstract/Summary:PDF Full Text Request
Under the rapid development of e-business, the commercial function of domain namebecomes more and more prominent besides its technical function. Simultaneously, thedevelopment of domain name provokes conflicts between domain name and traditionalintellectual property, especially trademark. In this paper, the author mainly talked about theconflict and the settlement mechanism of disputes of domain name right and trademark right.The main chapters include four parts:Chapter 1 is an introduction, and is divided into three sections. Section 1 introduces thebackgrounds and merits of this piece of research; Section 2 is a bibliography, summarizing theopinions from both home and abroad about the nature of domain name right; and Section 3introduces the main body of the essay.Chapter 2 deals with domain name right and trademark right, which consists of threesections. It explains in detail the reasons, both internal and external, which cause the conflictsbetween these two types of rights; and summaries and classifies the foregoing types ofconflicts.Chapter 3 compares the practices on the resolution of conflicts between domain name rightand trademark right. The author summarizes the legal measures adopted by the WIPO, ICANN,the US, Japan and Taiwan to solve the conflicts between these two types of rights in the firstthree sections, and Section 4 is a comparative study on the laws and regulations of thesecountries and regions based upon the summary of the first three sections.Chapter 4 proposes some measures to improve the regime on the resolution of conflictsbetween domain name right and trademark right. Section 1 introduces the current regimeemployed by China in this respect, and Section 2 comes up with some recommendations toimprove the current regime.In this paper, the author not only uses inductive method, comparative method and themethod of empirical analysis, but also uses many cases to support the author's arguments andproposals.
Keywords/Search Tags:domain name right, trademark right, conflict
PDF Full Text Request
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