On The Domain Name And Trademark Rights And Resolve The Conflict

Domain names and trademarks in the economic operation and development plays an increasingly important role, as the Internet and e-commerce development, the growing surge in the number of domain names, and the rapid rise of its commercial value, and domain names and intellectual property rights first - especially with the trademark the right of the conflict as a remarkable legal issues. This paper from a legal perspective of their theory, the domain name and trademark from the performance of the conflict, causes based on the domain name and trademark of the analysis, and through international treaties, as well as Western countries to solve the two conflicts of the existing rules, and exploring resolve the legal channels.Text of this paper is divided into four parts, and the basic contents are as follows: Part I, in the use of domain names and trademarks in the conflict. Outlined domain name and trademark conflict status quo, cited two main types of conflict, and both the causes of the conflict was focused on analysis; second part of the domain name and trademark rights. The main focus for the two issues, namely the right to attribute domain, and the second is in the domain name and trademark in the process of conflict, how that infringement issues; Part III, domain names and trademarks of the existing rules of conflict resolution. This part of the protection of intellectual property rights of international organizations, the United States and other developed Western countries, the conflict with the existing rules of comparison, analysis of the current situation and China's practice; Part IV, and improve China's domain name and trademark rights conflicts thinking. First of all domain names and trademarks to resolve conflicting principles, and based on this analysis of a series of domain names and trademark rights of the resolution of the conflict, with a view to better from a legal point of the two conflict resolution, improving the regulation of the domain name system relative to the lagging behind the status quo, with a positive attitude to the network economy on the impact of the traditional legal system, promote the network economy healthy and orderly development.