Research On Disputes About Domain Name And Disposal Mechanism Of It

A domain name is a necessary address resource for the internet. With the advancement of the electronic network, many people are crowding into this field because the commercial value of the domain name is increasing rapidly.Because the domain name registration system is not perfect and other supporting measures are incomplete, the domain name dispute is inevitably produced. The traditional judicial procedure to solve the domain name dispute has some shortcomings. Uniform Domain Name Dispute Resolution Policy and the Rules(UDRP),a kind of new dispute resolution mechanism, has been widely applied in the world and even becomes a model for many countries and regions. At the same time, In china, related regulations have been drafted to deal with the disputes on the basis of UDRP----Cnnic Domain Name Dispute Resolution Policy(CNDRP). Over ten years of practicing make this system more mature and the leading approach to solve the disputes. This paper researchs and introduces the domain name dispute resolution mechanism.and puts forward relevant comments and suggestions about the entity and procedure problemsThe paper could be grouped into five parts. The first chapter puts forward main questions against two cases. The second chapter introduces domain name dispute theory, including the characteristics of the domain name,and the causes of the domain name dispute and types. The third chapter presents the domain name dispute resolution of all the international experience. Three typical countrie are chosen—America Britain and Japan to analyse and summarize the strengths and weaknesses of each country. Then to focus on analyzing Uniform Domain Name Dispute Resolution Policy and the Rules, and to put forward the following suggestions:1、Refining about the rule on "trademarks and service marks".2、Transfering the burden of proof of the subjective factor to the complainant.3、adding appeal mechanism. Chapter five puts forward some opinions of the domain name dispute resolution mechanism in China on the aspects of the domain name registration, domain name audits, and domain name dispute resolution.