Protection Of The Legal Nature Of The Domain Name And Domain Name

With the development of e-commerce,domain name’s commercial value has become increasingly prominent,which lead to cybersquatting disputes between domain names and other commercial signs and so on. Scholars one after another have researched the legal nature of the domain name, but conclusions are not uniform.In this paper,author try to define the legal nature of the domain name on the basis of domestic scholars,put forward some ideas and proposals of my own,hoping to benefit for resolving such disputes,and provide legal protection for domain name.The paper is divided into two parts. The first part make a deeper research about the legal nature of domain name,also clearly define the meaning and content of the domain name right. By analyzing the nature,we come to the conclusion that:In the actual status,domain name without the legality of intellectual property is not an intellectual property, but the domain name should be classified as an object of intellectual property, which is also appropriate. Meanwhile, some significant domain name can be considered to a commercial signs which is a subset of Intellectual Property.This accurate and detailed qualitative analysis does not only lay a foundation for the settlement of disputes between domain name and other commercial signs,but also provide a basis for the protection of the domain name. The second part of the paper studied that how to protect the domain name in legal. Firstly, paper researched the three types of dispute that violate the rights of domain name,the most typical of which is Reverse Domain Name Hijacking disputes. Since then, through the study about the the conservation of domain name at home and abroad, considered the defect of the domain name protection in our country at this stage,the paper put forward some suggestions for improve our domain name protection system, these suggestions can be divided into preventive method and resolved method for disputes.