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The Conflict between Trade Mark and Domain Name Privileges and Legal Remedies

Author: XiaoZhongHua
Tutor: ZhouChao
School: Chongqing University
Course: Legal
Keywords: Trademarks and trademark rights The right to the domain name and domain name Conflict of laws Dispute resolution mechanism
CLC: D923.4
Type: Master's thesis
Year: 2011
Downloads: 58
Quote: 0
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Abstract


With the rapid development of Internet technology , e-commerce has become the main force to promote the economic development of the global market . While the development of the Internet and e-commerce to facilitate human life and a new opportunity for development , new conflicts and contradictions become increasingly apparent , especially the domain name and trademark conflicts , the conflict between the two is not only to become a network of economic development obstacles , but also to the law , in particular the system of legal protection of intellectual property rights to the unprecedented challenges . For the domain name and its characteristics in e-commerce , how to correctly understand how to properly establish the relationship between the domain name and trademark Improvement of the domain name system of legal protection , and solutions by drawing on Chinese and foreign domain name trademark disputes This article was useful exploration. The thesis is divided into five parts : The first part of the connotation of domain names and trademarks , function and relationship between the two , especially focusing on analysis of the legal property of the domain name and domain name rights for the next step of the legal characteristics of both legal protection laid a theoretical foundation . The second part discusses the specific performance of both trademark and domain name conflicts , analysis of the causes of the conflict both , in order to sort out ideas for the next step in the legal protection . Research and analysis of the third part of the trademark and domain name rights of foreign countries and international organizations, conflict resolution and its right to relief , such as the United States, the World Intellectual Property Organization , domain name rights and trademark conflict resolution mechanism , its our legislation reference. The fourth part of our trademark and domain name rights conflict resolution methods to explore on our domain name rights and trademark conflict resolution mechanisms , and lay the foundation for the next step of the legislative Suggestions . The fifth part , combined with the introduction of the first part of the analysis , pointed out that China 's domain name rights relief legislation defects , and put forward suggestions for improvement .

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