Domain Names And Trademark Conflicts Of Law Study

The right conflict of domain names and brands is a new problem in the knowledge property right field, and it is also a focus that we fix our eyes on in the world. This paper discusses the hotspot specially from the law angle. By the means of concluding, deducting, analogy and reasoning, this paper exposes some basic legal attributes of domain names and brands, it also analyses the represent forms, the primary causes of the right conflict and the idea of conflict resolution. Furthermore, from the angle of theory, practice, legislation and unusual cases, this paper goes deep into the optimum frame pattern of conflict resolution in order that we can use some international usual methods, mature theories and treaties for reference, combining judicial practices in our country and others to establish the theories to protect the knowledge property right in the INTERNET space. Therefore, we can improve the disadvantage status of the lag of lawmaking and accelerate a more perfect knowledge property right law. This paper is separated into three parts, besides the foreword and brief summary, including about forty thousand words.The first part introduces the basic legal attributes of domain names and brands. In this part, the primary signification of INTERNET domain names and brands is given and the relations and differences between them are analyzed hi detail, which are more meticulous and systemic than other scattered viewpoints.The second part analyses the right conflict of domain names and brands. Firstly, represent forms of the right conflict are analyzed, which are separated into two kinds or four idiographic aspects, and then, the preemptive domain name registration is emphatically studied. Secondly, this part discusses legal attributes pf the right conflict. The author considers the reality and enacts in our country and airs his opinions on it. Lastly, this part discusses the reasons of the right conflict of domain names and brands from the angle of Marxist philosophy, which are sum up to an intrinsic factor andfour other extrinsic facts.The third part studies the right conflict solution of domain names and brands. This part is the hard core of this paper, which is innovative. This part specially discusses four aspects, which are the theory, the practice, the legislation and the special protection for resounding brands in the INTERNET. Well-knit theories and practices and legislation mapping unusual cases incarnate the author's master opinions and intentions. Firstly, the theory is studied. The author is the first to search the optimum pattern and the approach to the conflict solution using the value theory from the law angle. This method is of an important breakthrough and it keeps ahead in our country. Secondly, the practice is also studied and some famous cases are analyzed. Thirdly, the lawmaking is studied. This paper analyses the lawmaking via discussing the legal localization of the conflicts in the brands law and the anti-unfair competition law and probing into the lag of lawmaking. It provides the references for the legislation in the future. Fourthly, the special protection for resounding brands in the INTERNET is discussed, which is a tide in the world. This paper discussed this problem from the four aspects, which are resounding brands and their protection, the status of them in the INTERNET, the actuality in our country and the international trend. It provides theoretic gists for establishing and improving the INTERNET criterion in our country.