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International Studies Foreign Private domain name infringement

Author: WenZuoZuo
Tutor: SongXiuMei
School: Foreign Service Institute
Course: International law
Keywords: domain names foreign-related tort involving domain names choice of law jurisdiction governmental interests analysis sliding scale doctrine
CLC: D997.1
Type: Master's thesis
Year: 2009
Downloads: 174
Quote: 1
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Abstract


Domain name, as the sub-product of internet, receives more and more concern on its commercial value in recent years. Disputes involving domain names grow rapidly. As communication and trade between china and other countries develop, large numbers of foreign-related tort involving domain names emerges. Due to domain names’invisibility and global use, traditional ideas of private international law can’t receive satisfying effect when dealing with such special cases. After studying the causes and main forms of these foreign-related tort cases which involving domain names, I think the best way to ascertain the jurisdiction and choose a substantial law is reforming and improving the current international private law rulesThose new theories which completely overturn current rules are not feasible for ascertaining the jurisdiction of a foreign-related case of tort involving domain names. By studying Chinese and American legislation and judicial exercise separately, we can come to a conclusion that the content of current Chinese laws still has great deficiencies. What we should do is introducing new standards for ascertaining jurisdiction into Chinese laws with reference to other states’legislative achievements. Besides, encouraging international collaboration and application of party autonomy are also helpful to solving the jurisdiction problem.Similar to the jurisdiction issue, foreign-related tort involving domain names has brought huge impact on the traditional approach of choice of law. Based on analysis of series of American cases, I believe that we must take both“unilateral approach”and“multilateral approach”into account for a better choice of law. We should stick to some important principles; for instance, treaties prevail over domestic laws;“substantial justice”outweighs“procedural justice”and so on. Following aforementioned principles, we need to detail the rules for choice of law in Chinese private international law or draft new laws which devoted to tort involving domain names, meanwhile expand the application of international legal documents.

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CLC: > Political, legal > Legal > International law > Private international law > International Civil
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