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Domain Name Dispute empirical research

Author: ShangJianGang
Tutor: HeLi
School: Fudan University
Course: Legal
Keywords: domain names trademarks trade names dispute resolution
CLC: D923.4
Type: Master's thesis
Year: 2010
Downloads: 72
Quote: 1
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Abstract


With the rapid development of e-commerce, domain-specific business value gradually apparent, the domain name recognition becomes the primary means of e-business. The value contained in the domain name attracts some investors to register others trademarks or trade names as domain names, or register the famous domain name as their trademark, which cause confliction between the domain name, and trademark or trade name.Current theory and practice show different opinions regard the domain name as an independent civil right. Administrative proceedings in domain name dispute don’t take domain name as a priority right; contrary to the judicial process. In deed, Domain Name Dispute administrative procedures and the judicial process exists the same legal basis, but there are clear differences, resulting in a different domain name dispute results.The author shows different results in the current domain name dispute administrative procedures and judicial procedures, carding the nature of the right from different domain knowledge. Combination of theory and practice, this difference in treatment for the dispute put forward the different solutions.This paper uses the empirical analysis and comparative study of methods, combing the administrative procedures in the domain name dispute, the domain name dispute resolution institutions in all core issues of knowledge and attitudes are inconsistent, resulting in a different dispute settlement body or a different domain name for some experts understanding of the core issues in dispute different.This paper reviews the domain name origin, definition, development process, function, classification and characteristics. Then focus on the current domain name dispute in order in the disputes facing the focus of controversy, such as the prior right of that standard, domain name registration or malicious discrimination.The author proposed reconstruction of the operation of the domain name dispute resolution, make the domain name as an independent civil right, establishment of reverse domain name hijacking system, protect legitimate domain name transaction. In order to avoid domain name and trademark or trade name right before the dispute, domain name registration should link to pre-review system. Domain name dispute resolution institutions should be given to the mediation function.

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