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Domain is the legal protection of research

Author: WangSuJun
Tutor: ZhangXiaoZhi
School: Northwestern University
Course: International law
Keywords: Domain name Trademark Arbitration the legislative protection
CLC: D923.4
Type: Master's thesis
Year: 2009
Downloads: 217
Quote: 2
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Abstract


Internet has brought us into a new virtual world, but it also posed a severe challenge to the real-world legal order at the same time. A lot of famous trademarks and company names have been registered as domain names. Because of the repeated occurrence of such a case, the domain name, which is treated the IP address initially, has exceeded the scope of the technical means and entered into the field of vision of jurists. Jurists discussed on the domain names’ legal nature, legal status, protected mode, but no one can make his opinion to be the last conclusion. So this paper is given out under this situation. The author takes three questions in the course of the domain of legal protection as the research object, and analyses by using the method of empirical analysis and comparative study. Compared with the development of domain name, the construction of its legal system has always been lagged relatively. The current international rules and the national legislation have not given an accurate definition of domain name both in general legal nature and the legal status. That leads to conflicts among intellectual property rights, such as domain names and trademarks. In order to alleviate the increasing legal conflicts in the law of domain name, the international community and every county are trying to make useful practice, and the practice has proved to be benefit to the settlement of the conflict. However, international rules and domestic legislation are not perfect, they all have some limitations. The author believes that the effective co-ordination between international rules and domestic legislation on the domain name can be a good settlement, which can learn from each other’s strengths and compensate for the weaknesses. Because of the international and technical characteristics of domain names, making a Uniform Domain Name law for international domain name on the case of ripe conditions would be a useful attempt, which can provide legal dispute resolutions and guidance to resolve legal disputes for States. In this paper, the author discusses the necessity of protecting the domain name at the second part. In the third part the author focuses on the confliction and coordination between trademark protection and domain name protection. In the forth part, the author discusses the application of dispute arbitration to resolve the main domain name problem, and gives out the suggestion of taking the WTO arbitration rules as an example. In the last part, the author focuses on the necessity of protecting on the coordination of international and domestic law and how to coordinate it during the protection course, and on the basis of that the author discusses the feasibility of making a unified substantive law of domain names in the future.

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