Domain Name Dispute Resolution Mechanism

With the development of cyber electronic commerce, intense conflicts occur between domain name and mark of traditional intellectual property such as trademark and so on, and this produces the legal matter of domain name dispute. Domain name is the beginning of cyber electronic commerce, the appearance of massive domain name disputes has impact to the legal order of cyber electronic commerce inevitably. Therefore, the solution of domain name dispute relates to the protection of intellectual property and the maintenance of legal order of cyber electronic commerce. This text emphatically analyses domain name dispute resolution mechanism by methods of historical research, comparative analysis, and empirical analysis. This article consists of 4 chapters besides the proximity fuse and conclusion.The first chapter is named as introduction. This part analyses the concept and legal nature of domain name, the cause and type of domain name dispute, with the viewpoint that domain name is the object of independent intellectual property, lack of effective communication between domain name registration managerial system and traditional intellectual property system cause domain name dispute. Then this part raises issues relating to solution of domain name dispute.The second chapter is named as traditional dispute resolution mechanism for domain name dispute. This part mainly discusses judicial solution mechanism for domain name dispute, arbitration, negotiation and mediation, regarding to application of law and procedural issues on domestic and overseas judicial solution mechanism for domain name dispute, and the function of arbitration, negotiation and mediation. The third chapter is named as special domain name dispute resolution mechanism. This part mainly elaborates the creation of special domain name dispute resolution mechanism, ICANN uniform domain name dispute resolution mechanism, and Chinese special domain name dispute resolution mechanism, regarding to the substantial and procedural issues of special domain name dispute resolution mechanism, and practice of the mechanism.The fourth chapter is named as construction of Chinese domain name dispute resolution mechanism. This part proposes some suggestions on perfection of traditional dispute resolution mechanism for domain name dispute and special domain name dispute resolution mechanism, with the viewpoint that traditional dispute resolution mechanism and special domain name dispute resolution mechanism have superiority respectively, Chinese domain name dispute resolution mechanism should be constructed on the foundation of the two linking up with each other advisablely.