Legal Protection Of Domain Name

The network economy has brought a huge change for social development. One of the inevitable impact is that new things are getting more and more attention. The new things online become more valuable through commercial use. Domain name is one of the representatives. Domain name is technical symbol with technical guidance function. With the development of the Internet economy in recent years, domain name is widely used in commercial publicity and business operations online and offline. Domain name becomes the identity of website and network service provider.As commercial value of domain names becomes increasingly prominent, how to ensure that the domain name is able to maximize the value of its attribution clearer, more convenient circulation, how to make a corresponding domain name holders interests infringed can be just relief, is the topic of this article. Building the system of domain name rights, giving the domain name holders the right of transfer, disposition, pledge, and civil rights object position, is the fundamental way to solve the problem. In addition, from the point of view of Tort Liability Act and the Unfair Competition Law, the article builds a complete domain name protection mechanisms.The total paper includes four parts. The first part introduces the domain name and its characteristics. This part summarizes five characteristics of domain name. The second part analyzes the necessity and feasibility of establishing domain name rights. Establishing domain name right is good for making best use of domain name. It is also good for free flow and dispute resolution. Establishing domain name right accord with the interests of-rights theory and the practice; The third part describes the content of the domain name right and its attribute. Domain name right includs the right to use,transfer, change. Establishing legal status of domain name right and putting the domain name into the entire legal system can establish the legitimate use of the domain name.For example, the domain name can be used as financial contribution and the subject matter of a pledge. Domain name right and intellectual property right is different in the object and right characteristics. Domain name right is one of the intangible property rights. The fourth section summarizes the scope of authority of the domain name rights and protection mechanisms. It can build a perfect protection mechanism through the Tort Liability Act and the Unfair Competition Law.