Research On The Legal Issues Of The Conflicts Between Domain Name Right And Trademark Right

With the advent of internet era,the value of domain name as commercial identification is increasingly concerned.In the earlier period of internet growth,80% of the world's top 500 companies had already registered their domain name and built theirs websites.Thereafter,the domain name has been in a high-speed development.Base on this background,various types of disputes for interests of domain names are naturally evolved and eventually focused,especially the conflict between domain name and trademark rights.These disputes and how to solve the practical problems caused by such conflicts have brought impact to existing intellectual property legal system and presented new issues and challenges.As for the Domain development so far,its legal attribute has not been clarified,the existing international conventions also has not included it in the scope of intellectual property rights,related dispute principles have rarely define its legal attribute either.In the increasingly flourishing network environment,the benefit conflicts between domain name and trademark become more frequent,whereas the legal system to deal with such conflicts are not systemically built or even of lag.With this opportunity of time,literature analysis,comparative analysis,case analysis and other research methods are used to explore superficially these questions in this paper.The paper has five parts:the first introduces the research background and significance,research status,research methods and content at home and abroad;secondly,analyzing the legal characteristics of the domain name right and trademark right,and then the protection of domain name right as an independent legal property is presented based on comparison of the legal attribute of the domain name right with that of trademark right;the third part analyzes the performance and causes of right conflicts between the trademarkright and domain name right,Meanwhile with the “WeChat” domain name right case,analyzes the special conflict in recognition of“New registration” when transferring the domain name,and tries to analyze the manifestation of both conflicts in FTZ district;the fourth part is the introduction and analysis of legal regulation of both domestic and international system of right conflicts between domain name right and trademark right,and analysis of the problems of existing Chinese regime of law;Finally,based on the research of aforementioned chapters,the fifth part raises basic principles to resolve such conflicts,and focuses on providing suggestions of improving approaches to of such conflicts.Starting from the comparison of the domain name right and trademark right in legal attribute aspect,this paper analyzes the rights conflicts between domain name right and trademark right analysis,which is not only beneficial to enriching the basic theory of the right,but also will contribute to the fusion between the branch of law,having certain theoretical significance;against the malpractice on both existing domestic and international legal systems and based on related to real cases and combination of practices and theories,the paper brings the solutions which are in line with China's national conditions and in line with the approach of judicial practice,in order to improve the Chinese legal system of intellectual property rights and provides reference for the judicial practice in the field of Internet.At this view,the paper will have some realistic significance.