Study Of Internet Domain Name Legal Issues

With the development of e-commerce and popularization of the network, the domain name has meaning of the commercial sign gradually as a kind of address on Internet. It is becoming the important content that enterprise's intellectual property right strategy protects. Its commercial value is paid attention to by people day by day, and various kinds of domain name disputes will be presented unavoidably too. How to carry on effective protection to domain name, prevent and solve the dispute of the domain name, is becoming the new problem that the environment of the network must be faced. In order to solve this problem , we need to know essential distinction of the domain name and traditional intellectual property right and inner link in an all-round way, and to explore the feasible domain name protects the mode. This text connects international aspect to development trend that domain names are protected, and analyse the current situation of our country. On the foundation of the outstanding composition in drawing lessons from protection systems of other countries , The text has put forward the suggestion of improving the protection system of domain name of our country.This text is divided into four major parts: First part ,Domain name system and domain name registration. It sketches IP address and the concept of the domain name system and production background at first, then introduces the structure of the domain name, the development courses of the level and domain name system. On this basis , it analyses the domain name systems of our country and domain name management system especially. Second part ,Legal nature of the domain name. It introduces and analyses several kinds of views about the legal nature of the domain name, has proposed author's own view.The third part ,Domain name and trade mark privileges question. The text explaines domain name and difference of the trade mark and gets in touch at first, then it makes a concrete analysis of several kinds of common conflict disputes of domain names and trade marks through the case, and probes into the reason why the domain name conflicts with trade mark. Especially it emphasizes the protection of the famous trade mark finally. The fourth part ,Prevention and settlement of the dispute of the domain name. This is a key content of this text. It investigates at first world about the domain name legislates, then introduces the mechanism of settlement of disputes concerning domain names of our country. On the basis of drawing lessons from outstanding composition of protection system of the foreign domain name , it proposes improving the thinking and suggestion of the system of domain name of our country, including four respects: 1.When the condition possesses , weshoud make relevant laws. 2. When the conflictings with trade mark are solved , which problems shoud be paid attention to. 3. How to protect one's own domain name rights and interests on Internet. 4. Take the measure on technology to prevent and solve the dispute.