Domain Name Rights And Trademarks Conflict Research

A global scale Internet business has developed rapidly, network for commercial activity of another form of unlimited space. Along with the rapid development of e-commerce, domain name enterprise development is increasingly becoming a basic tool of electronic commerce, in the virtual world of networks, the commercial value implication increasingly, the world of networks as important intangible property. This intellectual property rights to the domain name for the legal protection of the natural world is an inevitable requirement. Domain name rights to explore the commercial value, but it has brought unprecedented legal issues. The right to the domain name and trademark, businesses, enterprises, as well as natural right to name names right between the frequent infringement cases.International community to resolve domain name disputes and trademark issues a high priority, countries are also actively seeking contingency. From this point of law to explore and think, revealing the domain of the basic legal right to property, Analysis of the issues of the right to the domain name and trademark and the forms , the hazards, the causes of conflict and ways of resolving conflicts, Construction of China to protect intellectual property rights in cyberspace theory, improve our legislation in this regard is currently behind the adverse situation, China's domain name and trademark conflict management mechanism as soon as possible with the international common practice of convergence with a positive attitude Response Network of traditional economic impact on the legal system, promote the network economy healthy and orderly development.Introduction addition, the paper is divided into three parts :The first part of the domain name and trademark and the right to the basic theory. From the right to the domain name and domain name, trademark and trade marks, domain names and trademarks associated distinction and three were analyzed. Internet domain names in the network user's name and address, and identification with the technical nature of the two important functions. Virtual world and the real world domain name trademark is fundamentally different from the domain name with the attributes of the object of intellectual property, is independent of the traditional property rights and personal rights and intellectual property rights of the new object, the right to the domain name.The second part of domain name power and trademark rights conflict. A more universal domain name and thetrademark conflict manifestation includes: The evil intention snatchesthe note, identical domain name marking partially has several trademark rights people, the coincidence and reverse domain name hijacking . The domain name power and the other people trademark rights conflict, is hiding the certain social hazardous nature. It can to the trademark rights person, netizens as well as Internet's healthy development all constitutes the certain harm.The domain name recognition function hasthe economic value daily growth is causes the domain name and thetrademark conflict intrinsic reason, also is the most basic reason.The third part of the domain name and trademark and the right to settle the conflict. In order to better regulate and manage domain names, domain name resolve triggered by the emergence of a series of new problems, states and international organizations have taken a number of the corresponding means to resolve this issue. China is also drawing on foreign experience on the basis of the establishment of the CNNIC, responsible for the registration of domain names. The Supreme People's Court issued a judicial interpretation has become China's domain name disputes Court trial of the most direct guidance. In view of the actual situation, the authors propose to perfect domain name registration and management, construction management domain name system, the same time strengthening our domain name legislative, judicial and administrative protection, to address the growing problem of the right to the domain name and trademark of the conflict.