A Study On The Legal Issues Of Internet Domain Name Infringement

Nowadays, people are getting more and more dependent on the Internet, and the fights for internet resources become more and more fierce. As the sub-product of the Internet, Domain name is a kind of significant internet resource. With the development of internet economy, the commercial value of domain names becomes greater and greater. The more people know about Domain name, the more concerns it receives. Therefore, the disputes involving domain names grow rapidly. However, the study of domain names is not intensive enough, the laws and regulations about domain names are not thorough enough, and the disposal of domain name infringement is not perfect enough, so that we should analyze domain names more deeply and comprehensively, only on which way can we learn more about domain names, and then find a more efficient and better way to solve domain name infringement disputes as well as promote the healthy development of the internet space. All of these are the purposes of writing this thesis.By analyzing, summarizing and generalizing the different theories of different scholars and the different systems of different countries about domain names, this thesis shows us a general introduction and analysis about domain names. This thesis is composed by three parts. Firstly, this thesis introduces the concept and features of Domain name, and then analyzes the legal nature of Domain name. This thesis brings forward a new opinion: Domain name should be a dependent right—domain name right, and a kind of Information Property. Secondly, this thesis introduces the concept, causes and types of domain name infringement, so that readers can get a general idea of domain name infringement. Lastly, this thesis introduces and analyzes different ways to solve domain name disputes. By analyzing the different measures which other countries take on dealing with domain name infringement, this thesis suggests that our country should learn from them. Then this thesis put forward a few advices on perfecting our countries’ disposal of domain name infringement, for example, granting plaintiff’s domicile jurisdiction, Forum non conveniens, establishing the uniform substantive law, establish a substantive examination system and so on.Internet appears late in our country, and Domain name is a new concept to us. Our knowledge about domain names is not intensive enough and the laws and regulations are not thorough enough. Thus the imperfection of the disposal of domain name disputes. Through analyzing and summarizing different knowledge and opinions about domain names, this thesis tries to make readers know more about domain names, learn from other countries’laws and disposals of domain name disputes, and put forward new views on ways of solving domain name infringement. This thesis looks forward that our country’s domain name system could benefit from it.