Research On The Legal Nature And Protection Of Domain Name Rights

The development of Internet technology makes the domain name in people’s lives more and more important, due to the nature of the scarcity of domain names, absolute exclusivity, etc., to their economic value continues to be reflected, driven by economic interests, competition for domain names become the enterprise important competition, unfair competition because of your domain name is also increasing. And China’s current situation in terms of domain name protection is not satisfactory, the domain name infringement vague provisions by the judge and arbiter of subjective judgment in the judicial practice of the phenomenon is still serious, the domain management system no further specification of the legal nature of domain name rights are not clearly defined in the legislation, and trademark protection under the law is inclined to usurp the reverse situation is more evident in such a situation, China should be the domain name protection now more emphasis on efforts to balance the relationship between the legal protection of trademark rights and domain names of the two, but also can improve the legal protection of domain names by improving law, domain name registration management system to improve the way.The first chapter outlines the theoretical concepts of the domain name of the domain mechanism in the Internet environment to explore the basis for the entire study has sufficient theoretical support. For the research background of the sort. The second chapter of the legal nature of domain name rights were analyzed. Firstly, we scholars from the current legal nature of the disputed domain name right paper expounds the legal nature of the domain name right there are various opinions, including the right to deny the domain name that the civil rights of domain name rights that the domain name rights in intellectual property said. On this basis, the paper analyzes the domain equity attributable to civil rights reasons, namely the right to have the nature of the civil rights of the domain name, the domain name exclusive, domain name is global and other regional identity, and then draw their own point of view, I think that is the domain name equity attributable to the civil rights should not belong to the intellectual property. Chapter III of the domain name rights law and the legal protection of overseas properties were analyzed. Including the legal protection of major developed countries and international organizations in the domain name rights, such as the United States, Britain, Germany, Japan, legislation, as well as provisions of the WIPO, both analyzes the advantages of various provisions also pointed out the flaws which, Inspiration to China so as to arrive at a legal nature protection and legal protection of the right to the domain name.Chapter IV of the content of the legal nature of the domain name and the status and legal protection are described difficulties, the paper type of domain name disputes and disputes the causes and the applicable law in the settlement of all aspects of the dispute as a starting point, the analysis of the domain name dispute resolution existing difficulties to study the problems faced by domain name protection.The fifth chapter proposes measures to improve the legal protection of domain names, mainly from the domain Legislation ideas and specific legislative measures to improve both gives advice. Hijacking reflect aspects were fortified with laws and regulations, unfair competition coordination domain solutions, domain name registration management system and so perfect.