Cybersquatting Legal Regulation

The emerging Cyber squatting in cyberspace and e-commerce attaches a vital importance, which becomes hot spot and difficult issue. In china, the legislation on anti-cyber squatting is far from perfect with a weak foundation of theoretical study. This thesis makes an effort to analysis the current situation of anti-cyber squatting both in China and international community based on the definition of cyber squatting, in order to find out the exiting problems in the regulation and legislation in China, thus to formulate the legislative model of anti-cyber squatting and specific legislative construction by learning from the experiences of international organization and western countries.Because the registration process for domain names has been on a "first come, first served" basis, individuals who fast enough to registry domain names before the mark owners had the opportunity to do so and then attempted to sell them to the mark owners for profit, which generates tension between the domain name and trademarks. The current legislation mainly focuses on the protection of traditional intellectual property rights-trademarks. The Domain Name Process is not aiming at construct a new intellectual property right. The whole thesis consists of four individual segments, which as follows:The first part of this thesis gives an basic description of cyber squatting, which gives a connotation of cyber squatting as well as the relationship of the trademark and right of firm and enterprise name, famous trademarks.The second part mainly exams the prevailing tools to fight cyber squatting in the international organization. Uniform Dispute Resolution Policy (UDRP) adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) makes a full map of the three elements—the similarity or confusingly similarity, legislative rights, bad faith, of which bad faith attaches the core importance ; a series of unique, systematic rules for application of substantive law in the process of domain dispute resolution have been formed during the arbitration practices of WIPO Arbitration and Mediation Center; what's more, the final report of the domain name process makes an exclusion standards when applying to the protection of the trade marks.The third section makes a comparative study of legislative model. Currently there are two kinds of model—trademark dilution, Anti-Cyber squatting Consumer Protection Act. With the comparison of these two methods, it discusses the shortcomings and advantages of each other.After the comparison of the exiting international regulation and legislations, the last chapter examines the flaws in China's legal system—the lack of legal effect of the relating legislation; the strictness of rules governing the registration of domain names making it un operable in enforcement; the ambiguousness of specific regulation on the dispute resolution; the passive role and status of the prevailing dispute resolution procedure in the wholesale legal system. Based on these examination, the author put forward the some suggestions and ideas on the construction of the legislation of anti-cyber squatting.