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Domain Name Registration Management of Related Legal Issues

Author: YangXueLian
Tutor: LiDaoJun
School: Shandong University
Course: Legal
Keywords: Domain name registration Domain legal nature Name-right
CLC: D922.29
Type: Master's thesis
Year: 2010
Downloads: 30
Quote: 0
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Abstract


With the development of the Internet, make the digital information to the speed of light in the global scope, rapid development of human civilization from industrial society into digital information society, the information will become the nervous system of human society, social economic and industrial economy toward digital economy. With the rapid development of e-commerce and the development of the Internet and application domain (domain name is connected to the Internet, which is the address of the computer in order to facilitate people to access a specific site and design of the importance of) is increasingly prominent, involving Internet domain name registration and related legal problems for more people to know. The Internet is the domain of public resources, domain name registration, related to the effective management of the national network security. Current laws and regulations for the domain name registration management institution and the domain name registration service properties, but not expressly granted power from the nature of the public domain and the network resources, itself can be clear that the nature of administrative behavior, the nature of its behavior of administrative behavior, for from the administrative procedural law and can be relevant judicial explanation administrative litigation law of the relevant provisions, clearly find domain name registration management agencies and domain name registration service agencies in the domain name registration management activities should bear the legal responsibility.Internet originated in the us about the domain name registration in the Internet, the rules of the management, also is the first set of rules in China, the construction of the Internet has had a great influence on American ordinary, but because the law, not distinguish civil and administrative behavior, so in the United States, the process of management mode can be good management mode and the practice of China to combine the domain name registration in the relevant laws, regulations and management has important enlightenment.Based on the traditional legal analysis method, and the economic analysis, the Chinese domain name registration management related legal issues in China, expecting to explore the domain name registration rules of law. This research mainly points below:first introduced the basic knowledge of domain names, analyzed the logo, intellectual property rights and legal attribute, summarizes the domain name and trademark rights conflict between the various performance and attached with intuitive that conflict situations, and then summarizes the subjective and objective reasons of conflict, and analyzed the differentiation of the relevant laws, regulations and report that the situation of our country, and finally put forward to solve the conflict of the domain name registration management to the full range of disputes. Specific include:enlarge the propaganda, raise the awareness of ipr protection from all walks of life, in order to resolve conflicts way through consultation, To strengthen the domain name registration of dispute prevention work, establish and improve the domain name registration, and execute the contract system has range of domain name registration review, prevent, To strengthen international cooperation and exchanges, study the relevant international organizations report and his national beneficial theory and practice experience, especially to studying in the United States in this experience, such as establishment of litigation system, and improve the standard of "bad" regulation, etc. To perfect the current domain name registration dispute resolution mechanism, Perfect domain management system, The dispute settlement mechanism domain name registration, Perfect domain intellectual property law protection system, etc.

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CLC: > Political, legal > Legal > Chinese law > Economic Law
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