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Domain Name Certain Legal Matter Research

Author: JiangShuBo
Tutor: XuWeiDong
School: Jilin University
Course: Civil and Commercial Law
Keywords: Domain name classification Well-known domain name Legal system positioning The principle of conflict resolution
CLC: D923.4
Type: Master's thesis
Year: 2008
Downloads: 103
Quote: 1
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Abstract


At present legislation only pay attention to the use of domain name registration, constitute infringement act or ACTS of unfair competition, it is difficult to adapt to the requirements of the development of network economy. The essence of the right of domain name right is goodwill. In practice, the registered domain name and put to use, this behavior will cause the waste of resources, the domain name in the legal because there is no goodwill, so there is no is not necessary to discuss create domain name right problem, to the well-known domain name can also on the back burner temporarily. Well-known domain name with goodwill value, should create the right. In an all-round way, establish the right of domain name condition is not mature, this paper discusses the meaning of the domain name protection of famous and well-known domain characteristics, the function, the well-known domain name in the legal system of the positioning, according to the nature of the domain name right is put forward in the field of domain name which the rights and interests of the domain name or by which the rights and interests of the field is used, then the domain name which has the nature of the right field. Summary of the practice at home and abroad, and puts forward the legal relief with the interests of the right to produce and produce the principle, expand protection awareness principles, the principle of priority right to respect others is to solve the conflict between the domain name and the other rights of the basic principles. So that in the current legal framework of well-known domain rights protected.

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