| The conflict between domain name right and trademark right is a new problem in the area of intellectual property. It is also a world-wide focus in legal area. This dissertation probes into this question from legal perspective and revealed the basic legal nature of domain name, as while as analyzes the main causes and categories of the conflict. The purposes of this dissertation are to construct a theory system for protecting cyberspace intellectual property, to improve the unfavorable state that the regulations of our country are lagging behind other countries, and to set forth the resolutions to react the collision between cyberspace economic and traditional law positively.This dissertation can be divided into five parts:Part One: The introduction of domain name and domain name right. This part depicts the history, the concept and the consistent of domain name, and then probes the legal nature of it. Based on the legal economics, the author reckons that domain name right should be protected as one kind of intellectual properties.Part Tow: The analysis of the relationship of domain name right and trademark right. This part illustrates the similarities and substantial differences between domain name right and trademark right as well as domain name and trademark.Part Three: This part analyzes the reasons and forms of domain name right and trademark right. The author probes the factors lead to the conflict of domain name right and trademark right from economic aspects, technological aspect and legal aspect. Besides, this part the illustrate categories of the conflict.Part Four: In this part, the disputes of the domain name and trademark are comparatively analyzed, comparing the methods of domain name and brand disputes in our country and international circle, i.e. WIPO, America, Japan and Taiwan. In general domain name and brand disputes in many countries are immature and need to be perfected.Part Five: The current regulations of our country and the improving of it. This... |
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