Legal Discussion On The Domain Name And A Registered Trademark Of The Conflict

With the development of e-commerce, domain name disputes caused by thegrowing number of more urgent needs of the community to resolve these disputesmethod, which makes the theory of community and judicial practice will turn itsattention to the study of the domain name.Domain name as the new phenomenon of the twentieth century, it was originallythe role played by only distinguish between different network users and to locate thecomputer with the upgrading of the network technology, however, the networkgradually in various sectors of the community accepted and applied to the commercialsector, the domain name of great commercial value emerge.A number of unscrupulouspeople in order to reap its high commercial interest will be saved a registeredtrademark is registered as a domain name or existing domain name registered as atrademark. This behavior is clearly contrary to the trend and create domain name inthe first place and the network of economic development, but also caused the domainname is a registered trademark of the conflict. In this paper, the domain name andregistered trademark conflict causes, manifestations and at home and abroad toresolve the domain name is a registered trademark of patterns of conflict analysis, andexplore the perfect mode for China to reduce the domain name and a registeredtrademark of the conflict, and promote the health of Chinese e-commercedevelopment, intellectual property rights are better protected.Involving domain names and registered trademarks in the first part of this articlesome of the basic issues, including the concept of domain names and registeredtrademarks, and legal characteristics of the comparison, and conflict manifestations,causes. Analysis of the domain name is a registered trademark of the conflictphenomenon. The second part lists the principles and systems of domestic andinternational academic circles to solve this problem of the domain name andregistered trademark conflict.The third part of this domain name and a registered trademark of the conflict resolved by introducing the existing international principlesand the developed model, rushed to the dispute settlement mechanism to provide theexperience is worth learning for China to establish the domain name and registeredtrademark. The fourth part of the analysis of the first three parts of the article putforward the idea of Perfection of conflict settlement mechanisms, including atrademark search prior art system, the improvement of legislation, improve theprogram, the perfect relief.