On Domain-related Acts Of Unfair Competition And Its Legal Regulation,

The unfair competition of related domain name is that action which disobey accepted commercial moral, damage existed legal rights, disturb social economic order during the taking and using of domain name. The unfair competition of related domain name includes: vicious enrollment of leading up, stealing and using, reverse trespass, confusion action and famous enrollment of leading up, etc. The sparsity of domain name is the direct radix of unfair competition. The legal status faintness of domain name is the legal radix of unfair competition. The corresponding and confliction between domain name and commercial mark are the economic radix of unfair competition. Our current "Law of Anti- unfair Competition" is the strong weapon to deal with the unfair competition of related domain name. The dispute resolving system of domain name include: negotiation, arbitration, justice litigation and obliged administration, etc. The criterion file that applied in the world is "the United Rule of Domain Name Dispute Solving". Our current "Law of Anti- unfair Competition" exist some shortages, we need open up applying bodies, extend applying range and enrich the modes of liability assumption. Our system of domain name dispute solving have such shortages as procedure ambiguity, CNNIC negative evition, forbidding of transfer and trade, and affection to the negotiation function. Therefore, we should perfect our system of domain name dispute resolving. The measures include: to formally affirm CNNIC as civilian and non-payoff corporation, and to endow it the authority in the domain name system, to institute "Chinese Solving means to Net- domain Name Dispute" as soon as possible, and to exert the special function of CNNIC in dispute solving, to establish prevent measures which based on domain name enrollment contract, and to establish base for efficiently prevent and check the domain name dispute, to establish special body and procedure that solve such dispute as vicious enrollment of leading up and stealing and using of domain name.