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Research On Legal Issues Of Domain Name Registration

Posted on:2017-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:X LiuFull Text:PDF
GTID:2206330485967510Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays, the network is experiencing a fantastic development speed. But the problems are following by the pleasant enjoyment one after another, such as cybersquatting, Internet fraud, spam and so on. Among all these problems cybersquatting is increasingly serious and it has aroused great concern. When we are immersed in the efficiency and convenience brought by Internet domain name, it oneself wake up us by its special manner-cybersquatting.What account for the useless of prohibiting cybersquatting is complicated and only if we find the most critical reason could we cure this stubborn disease. At this fierce competitive environment, the increasing value and limited quantity available of the domain name urge us to commit cybersquatting. In spite of this, we should pay more attention to the intrinsic factor which causes the cybersquatting. What account for this situation it is mainly because of legal loophole and administrative loophole at the aspect of forbidding cybersquatting. The detailed reasons are as follows:firstly, there is lack of specific specification clause and severe punishment mechanism in current legal system, which makes perpetrators have fluke mind; secondly, there also exists loophole in the administrative management system for domain name registration, such as low standard at registering a domain name, loose examining mechanism, which give perpetrators opportunities to commit cybersquatting.This paper is researching the legal issues based on cybersquatting, it could be divided into three chapters, which are the basic theory of cybersquatting, the current legal condition of forbidding cybersquatting in our country and the methods to complete the mechanism of legal regulation on cybersquatting in sequence.Chapter One was mainly conducting a legal analyzing based on the domain name and cybersquatting. Firstly, we introduced the concept of domain name, the basic features of domain name and legal features of domain name. And then we gradually penetrated into the subject:we illustrated the legal features of cybersquatting, the forming reasons of cybersquatting and the concrete manifestation of cybersquatting. All these contents would pave the following chapters below.Chapter Two was mainly analyzing the current legal condition of regulating domain name and registering domain name. This chapter included two parts. The first one is to make clear the current legal condition of regulating domain name and give the judicial explanation. The second part gave the interpretation of the existing limitation on cybersquatting resolution mechanism in our country, which was analyzed from the legal point and administrative point.Chapter Three was mainly put forward the corresponding proposals based on the limitations on the aspect of cybersquatting resolution mechanism in our country. For one part, we should formulate a specialized domain name protection law, in order to consummate the deficiency in current legal condition, so that forming a domain name protection system in which the specialized domain name protection law is set as the main body and the other laws are set as supplement. For another part, we should learn the advanced experience from the corresponding international organizations, in order to consummate the administrative management system on regulating and prohibiting cybersquatting, raise the standard on registering a domain name, develop the solid supervision mechanism, complete the management work after registering a domain name, cancel the lifelong tenure for domain name registering, adding the regulations of logging idle domain names out.
Keywords/Search Tags:domain name, cybersquatting, unfair competition, mechanism improvement
PDF Full Text Request
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