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Solution for Conflicts Between Domain Name and Trademark

Author: ZhangWenJuan
Tutor: HuangWuShuang
School: East China University of Political Science
Course: Legal
Keywords: Domain name Trademark Cybersquatting Reverse Domain Name Hijacking
CLC: D923.4
Type: Master's thesis
Year: 2010
Downloads: 148
Quote: 0
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Abstract


While the growth of electronic commerce is pushing the economy to move to the virtual world, it is also impacting the traditional law system in real world. As the rapid development of network, the commercial value of domain name is growing bigger and bigger, and the conflicts caused by domain name registration also increased. And the conflicts between domain name and traditional intellectual property, especially trademark property, is one of the most serious. However, due to the limit of itself, the current intellectual property law system in China can not provide effective solution to these issues and conflicts. And the number of conflicts of domain names is growing sharply, after the opening of Chinese domain name registration. So in this paper, firstly, I analyzed a typical trademark infringement case, which is caused by Chinese domain name registration. In the second place, based on analyzing the law property of domain name, I compared the practice solution to domain name management and domain name conflicts. Last but not least, I discussed the mechanism to solve the conflicts between domain name and trademark, and suggested a more effective mechanism to solve the conflicts between domain name and trademarks in China.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights
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