Study On The Legal Issues Of The Domain Name

With the time variation and the development of internet, a part of the domainnames are not only with the technical attributes but also get the business value whichshould obtain the legal protection. Because of the unstabilizing factors brought fromthe diversity of the national legal model and the variability of the domain nametechnology, different countries have formed their own dispute resolution model toface the complex conflicts of right.This thesis goes on discussing the topic from the definition and characteristic ofthe domain name, seeking its track from the technical nature to the business value.And put forward the classification of domain name on the basis of combining with thecase. Analysis the solution of the domain name from the international community andthe efforts on the domain name issue from our country.The first chapter defines the concept and characteristic of domain name,introduces the premise of discussing is that the domain names can be divide into thecommon domain names and the commerce ones, and at the same time, introduces thestandard that how to distinguish them. The chapter also introduces the causes ofdomain name disputes.The second chapter introduces the history and present state, the registrationmanagement mechanism and dispute settlement mechanism from NSI，the report ofWIPO, UDRP. The chapter also introduces the developed countries how to deal withdomain name dispute by Federal Trademark Anti-Dilution ACT and ACPA. The third chapter introduces the registration management mechanism and disputesettlement mechanism of our country, and how to deal with domain name dispute byjudicial way.The last part of the chapter some suggestions of optimization are listed.