Study Of The Domain Name Legal Issues

Domain name, to some extent, is the address of an enterprise, which is used on line. As the Chinese tradition pays much attention to the name of the entity, almost every company wants to have an excellent domain name used to symbolize itself in the internet. Nowadays, the value of the domain name becomes to be of more and more importance, and the dispute concerning the domain name also becomes more and more popular. It is in bad need to study the legal issue about the domain name, and the judiciary calls on the practicable theory to direct its work. But the scholars have different views on the domain name, yet every one of these views proposed so far is not so-,convincing. This thesis is trying to give a full-scale glimpse on the legal issue concerning the domain name, and this writer wishes his work could improve the research of the domain name.This thesis includes six parts totally. Part I introduces the origin of the internet and the domain name. Since the technology rules have the overriding impress to establish the domain name, this part also makes a detailed report on the domain name system in the technology aspect.Part II analyses the function possessed by the domain name, which includes two fundamental elements, i.e., the function of address and the function of indication. This part also provides some different opinions to the argument about the function of the domain name.Part III evaluates the business merit of the domain name briefly and makes it clear why there are so many disputes about the domain name.Part IV introduces the gain and loss of the domain name by the theory combined with judicial practice, especially directed by the judiciary explanation set out recently.Part V analyses the controversy on the domain name right as some experts think that there is no independent right existing on the domain name. And they argued that even if there is a so-called domain name right, this right is not one of the intellectual property rights. This writerholds that it is necessary to establish the domain name right and make a detailed statement on the content of the domain name right, which includes the right to utilize, benefit and dispose. Then the features in the utilization for the domain name right are figured out and in the discuss about the right to make profit by using the domain name, this thesis criticizes the provision that no permission would be granted to the transaction of domain name, which is provided in the rule of domain name establishment set forth by China Internet Network Information Center (CNNIC).The scholar's opinions diverge from each other on the nature of the domain name right, some of them treat the right as part of trade mark right or business credit. Part V also analyses these theories and reveals its nature in intellectual property field. Then a conclusion is inducted that the domain name right should be a new part of intellectual property right as the internet has been greatly changing our society from time to time and from place to place.Part VI pays attention to the conflict of interests on the domain name dispute. This writer deems that the domain name dispute is inevitable regulated by the existing rules and new ways to solve this problem should be found. The previous rights would affect the later ones under definite conditions and to extend protection of the previous rights without any restriction would result in tampering of due right holder. The trade mark is very similar to the domain name, but even the famous trade mark shouldn't have any privilege against the establishment of a similar domain name.Another question is then brought forward that whether the owner of the domain name right could prevent other persons to register similar domain names. The last part of this article discusses the prohibition power which could be enforced under certain circumstances and make it clear that enforcement of the prohibition power should meet some standards given at the end of this thesis.