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On Conflict between the Domain Name and Trademark and Their Solution Mechanism

Author: CuiTao
Tutor: LiuBinBin
School: Lanzhou University
Course: Economic Law
Keywords: Domain name Trademark Conflict Trademark law Anti-Unfair Competition Law Settlement mechanism
CLC: D923.4
Type: Master's thesis
Year: 2011
Downloads: 46
Quote: 0
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Abstract


Domain , usually known as the domain name of the English translation of the Domain Name and its role is to be used to distinguish and positioning Internet at different locations on the computer's address . The domain name is composed of several groups of strings separated by decimal points . With the development of networks and network in the increasing attention of the real world , the domain name should be the intellectual property rights protected by law . The domain address indicating the role of identity role and to identify the role of goodwill . Different domain names and trademarks have in common . Domain name rights and trademark conflict is a prerequisite . The performance of the domain name and trademark conflicts cybersquatters register domain name for trademark conflicts , the conflict of the domain name is well-known trademarks , domain hoarding behavior . Domain name and trademark conflicts mainly due to the decision by the technical characteristics of the domain name itself . A comparative study of the legal regulation of the domain name and trademark conflicts , including the World Intellectual Property Organization , the United States , Japan , China's law . Legal Analysis of the domain name and trademark conflicts , when the two conflict , it should be made ??according to the different situations different treatment . Currently, our court in the trial of the domain name and trademark disputes , mainly in accordance with the \The existence of the law is not uniform , simple , and divorced from real life . Legal advice to resolve our domain name and trademark conflicts , including : clearly the legal nature of the domain name , the provisions of the domain name and trademark conflict , providing a variety of remedies , the provisions on the matter of the litigation . Domain name applied for registration of publicity objection system can be established at the institutional level , requiring the use of the system , and at the same time to strengthen international cooperation .

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