Study On Cybersquatting And Trademark Protection

With the development of Internet technology, Internet has provided much convenienceto people’s daily life, however, it has caused some issues as well among which theconflict between domain name and trademark is particularly intense. Domain namewas designed to simply the recognition and recollection by users. In recent years,numerous cybersquatting-related problems have intensified the contradictions betweendomain name and trademark protection. This paper, in light of comparative method,studies the present situation of cybersquatting and trademark protection of our countryon the basis of Anticybersquatting Consumer Protection Act (hereinafter called"ACPA") adopted by the United States and Uniform Domain Name DisputeResolution Policy (hereinafter called "UDRP") adopted by Internet Corporation forAssigned Names and Numbers (hereinafter called "ICANN") with the concentrationon the conditions and standards of “bad faith intent”.This article can be divided into five parts:In the first chapter, author concisely outlines the collected documentation in regards todomain name disputes, protection of domain name and trademark etc. By means of summarizing previous books, papers and so forth, I expound my own opinion.The concept, structure, legal characteristic and nature of domain name are explored inthe second chapter. This part emphasizes on analyzing the characteristic and nature ofdomain name as the characteristic is of the utmost importance when determining thenature of domain name. In respect of its nature, diverse standpoints exist in academiccircles and author deems domain name a new type of intellectual property right.The third chapter elaborates the relationship between domain name and trademark.Firstly, author introduces the connection and difference of the two, and then the typeof conflicts between domain name and trademark are displayed, among which theconflict caused by bad-faith-intent cybersquatting is stressed.The fourth chapter turns to the specific contents of ACPA and UDRP. The subjectarticles of ACPA including the condition of “bad faith intent” are presented in the firstplace, and subsequently, an effective judgment by the court of the United States isintroduced through which detailed regulations of “bad faith intent” under Americanlaw are mainly analyzed. Afterwards international practices namely the UDRPadopted by ICANN is explicated. Author explains “bad faith intent” under UDRP bymeans of exploring a decision of Administrative Panel and meanwhile clarifies theadvantages of utilizing UDRP to resolve domain name dispute.The fifth chapter spotlights the legal regulations of China, and probes the currentsituation of cybersquatting and trademark protection. In the first part, legislationconcerning cybersquatting of our country is outlined. The defects of ruling domainname dispute via Chinese Trademark Law and Chinese Anti-unfair Competition laware demonstrated. In the second part, the Interpretation of the Supreme People’s Courton Application of Laws in the Trial of Civil Disputes over Domain Names ofComputer Network (hereinafter called "Interpretation") is explicated through a case.In the last part, author compares the contents of ACPA, UDRP and Interpretation involving the conditions of "bad faith intent", remedies etc, with the hope ofimproving China’s cybersquatting legislation.