The Perspective Of Network Domain Name And Trademark Conflict Of Law Research

With the development of social economy, the development speed of electroniccommerce is growing by leaps and bounds, the corresponding domain name in theInternet as a commercial mark also has the attention of people. Domain names fromthe beginning is only a computer connected to the network identification mark, nowhas developed into the businesses scramble to register contains the carrier of thehuge commercial value. Find domain name value at the same time, in the domainname and trademark in the real world in cyberspace produced a series of conflicts,but in the legal system of intellectual property rights in China and no relevantprovisions on the rights of the domain name, this is definitely a challenge totraditional legal system of intellectual property and impact. Then in view of thenetwork domain name and trademark rights conflict how to reasonable and effectivesolution to become a problem we need to study. Is studied in this paper in theperspective of network domain name and trademark conflict of legal protection, theroad to the cybersquatting, trademark reverse domain name as well as the conflictbetween domain name and trademark other forms are analyzed and the research, andproposed the corresponding solution, hope to be able to play a positive role whensolving practical problems.The main content of this article is divided into five parts: the first partintroduces the basic theory of domain name and trademark, analysis the concept andcharacteristics of domain name and trademark respectively as well as the relationshipbetween them, and put forward the domain name can be used as a new type ofintellectual property rights to determine their legal status. The second part expoundsthe network domain name and trademark rights of conflict of laws, to today’s typicalcase analysis on the cause of the domain name and trademark rights conflict, andanalysis of these reasons. The third part in international organizations and mainlyintroduces the related legislation in developed countries and regions from which rules for our reference. The fourth part is to our domestic legislation and rules areanalyzed and put forward the existing problems and the need to improve. Fifth partaimed at the conflict between domain name and trademark rights first put forward tosolve such dispute should follow the basic principles, and then puts forward someSuggestions to the domain name registration management system perfect, in themain draw lessons from international organizations and developed countries andregions, on the basis of relevant legislation of our country puts forward the concreteSuggestions on perfecting relevant law.