Network Domain Is The Legal Protection Of Research

Computer technology and communications technology are developing rapidly which provides the foundation of the emergence development of the internet technology.Now the internet has changed our way of life profoundly, while has also expanded areas of legal research, the network will become a new problem of the law, domain name issue is one of them. Domain was originally only a technical problem, its rise to legal disputes is unexpected. Initially disputes of domain name, mostly because of violations trademark rights and other rights, so the initial legislative and judicial protection more inclined to the right of trademarks but not the interests of all domain names.As the developing of the name itself, and the development of economic value of the domain name, the protection of the domain name couldn't attach to other legal documents, for one thing this kind of protection of the domain name are weak; for other,it is not fair to the owner of the domain name. This article aims to appeal to China to strengthen legal protection for domain name, improve relevant laws and institutions.The first chapter introduces the concept of domain names, the legal nature and its characteristics and effects.First, introduce the concept of domain name from the view of technical point and legal point:the domain name used in the network location and identification corresponding to sequence of characters of the IP address; from the law perspective, the domain name is the owner of domain name, who used for location the computer and identity of the network address;for the legal nature of domain names,scholars and practitioners do not have the same opinion, however, the argument focus on that whether the domain name is the intellectual property. If it belongs to the intellectual property, which should be distinguished that it belongs to the traditional objects of the intellectual property rights or it should became the new objects of intellectual property objects.The author approves that made domain name as the new object of intellectual property; the main features of domain name are uniqueness,exclusiveness and non-regionalism;domain name mainly has two function:initially, the main function of the domain name is location, then with development of e-business network the network identity functions has gradually appeared; Finally, through comparative analysis the domain name rights,trademarks right and,trade names, so put forward the idea of Yu Ming intellectual property can exist independently in right system. ChapterⅡfocus on analyzing legal protection of the domain of international status and domestic situation, pointing out that the international community protect the domain name through the mandatory administrative procedures and judicial decisions, the former uses rule of ICANN,the latter,the typical representative is U.S.In China,in dealing with disputes of domain name usually uses advanced experience of the international community on the issue of domain name disputes, we also go through the basic administrative procedures and judicial procedures. ChapterⅢ,analysis of the conflicts in domain name right, in real life, conflicts occurred in right domain name right usually between the domain name rights and trademarks,or domain name right and trade name. The last chapter, which puts forward how to protect the domain name in angle of law and policy.At last, introduces the content of domain name rights,main point is to suggest that in legislation should established reverse domain name infringe.