The Theory Of Network Infringement Of Domain Name Disputes And Judicial Remedy

With Internet ipenetrating the traditional business community, the e-commerce mushroomed suddenly. When domain name began to be called the "online trademark", we should understand the importance of the network domain name of modern commercial society in the Internet era. The development of the facts also prove this trend. Domain name keeps highly consistent with enterprise name, brand, trademark, and the domain name has almost become the corresponding commercial logos on the Internet as a "spokesperson". To a large extent,the high-tech has brought benefits to the commercial enterprises out of the geographical restrictions, and to expand the scope of the publicity and sales. However, there are many inevitable conflict between the domain name with the variety of civil rights due to the characteristics of the network domain name itself, the existing shortcomings of the law, the deficiency of the management and so on. With analysising generations, types, reasons, solutions of the Internet domain name disputes by the method of case analysis to the discussion, this paper focuses on showing our judicial relief on the network domain name tort, and put forward recommendations on how to improve the relevant relief.Nowadays, the direct regulation of the Internet domain name disputes and which can explain as a referee is only the judicial interpretation in China, judicial interpretation is rather limited to the identification of domain name infringement, in practice, many acts should be identified as a domain name infringing, but according to judicial interpretation can not be identified as inappropriate. This does not conform to the socialist rule of law in pursuit of social good faith and fair concept.The development of modern society into showing a very obvious characteristics, it’s that concerned with economic and high-tech disputes resolved are always global problem, international organizations and self-regulatory organizations in the solution of issues related to disputes are walking in the forefront of the times, so does the settlement mechanism of domain name disputes. It’s the non-profit international organization that ICANN formulated the "Uniform Domain Name Dispute Resolution Policy" for the coordination of national domain name dispute solution,ICANN recommends that countries should set up a special non-governmental organizations to promote the domain name dispute resolution. CINNC is set up by imitated of ICANN, the award of ICANN based on is the " Resolution of Internet Domain Name Dispute in China ",it’s more predictable and inclusive on the judgment of misconduct of the domain name than our existing judicial interpretation. It’s very worthy of our judicial to learn.In Practice, the judiciary according to the relevant principles on the identification to the network domain name infringement has been in front of the identification of network domain name infringement by judicial interpretation, to the behavior which clear violated of good faith and fair competition, if it’s not identified as tort based on judicial interpretation, it will be inappropriate based on the principle of the law.Although it is a big controversy on the basis, the nature of the Internet domain name, its protection, and the extent on the theoretically, justice had to seek some way out, because they shall not refuse to referee. I believe that our legislation should respond positively to the administration of justice, referee as soon as possible so that the administration of justice become "perfectly justifiable", no longer struggling to explain applicable rules which does not necessarily make the parties fully convinced in the principle of the law repeatedly.