On The Jurisdiction Of P & G Company 's Computer Network Domain Name Infringement Case

Domain name, as the identifier of the Internet,receives the very high commercial value.Inrecentyears,With the increase of activities of China with foreign countries,more and morecases about domain name have increased. as the domain name has its unique legalcharacteristics and the global influences,the good results are hard to gained when thetraditional of the private international law dealing with the Jurisdiction and application oflaw.In the case of P&G v. State Grid,by analyzing the focus questions of this case and thebasic theory of domain name infringement,This article is trying to discuss the legalcharacteristics of the network domain name infringement and application laws of the nameinfringement,which shows in two ways, the conflict rules and uniform substantivelaws,aiming at improving the traditional private international law and to find the appropriatejurisdiction of foreign-related domain names tort.In terms of jurisdiction, the traditional jurisdiction theory may has some flaws in theapplication, but if fully overthrow the old rules of jurisdiction is also not desirable. Aftercomparing China and other countries of the legislative and judicial practice,we foundthat:we still have many problems of domain name infringement,we shall follow this trend ofthe International Private Law,and learn from foreign legislation achievements. To improve theinfringement behavior and the result of tort and introduce the new standard of thejurisdiction.we need to cooperate with other developed countries,and encouraging theparties come to the jurisdictionagreement under their autonomy,which can remedy somedisadvantages of the existing legislation.