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Domain name and trademark of the conflict and its resolution

Author: QinYing
Tutor: WangXiaoChuan
School: University of Foreign Trade and Economic
Course: International Law
Keywords: Domain name Trademark Conflict Cybersquatting
CLC: D923.4
Type: Master's thesis
Year: 2006
Downloads: 201
Quote: 1
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Abstract


This paper analyzes a hot issue in the Internet business in the process of recent years - the domain name and trademark conflicts and conflict resolution . Author first start from the domain name itself , analyze its properties , structure , legal status , registered institutions and registered principles ; then explain the specific manifestations of the domain name and trademark conflict and conflict ; later analysis and from legal channels and non- judicial means today domain name and trademark of the domestic and international conflict solution ; finally made ??a number of recommendations on China in the field of legislation . The authors believe that the domain name and trademark conflicts causes of conflict , including the commercialization process of the Internet , domain names and trademarks of the respective characteristics of each registration and management mechanisms , the conflict can be resolved through legal channels and non- judicial means . Most of the current conflict a domain name trademark infringement current national focus on trademark protection . China 's fumble solution in such cases , the Court has encountered many obstacles , chief among them is the lack of legislation . In the early days , the court applied the law is far from uniform , and now basically agreed , speaking from the operational level , mainly based on the Supreme Court's judicial interpretation . For such cases need to be improved at the legislative level . In addition, we can not just consider the protection of trademarks vested rights , but also to protect the legitimate rights of domain name holders , in order to promote the economic development of the network . Therefore, the need for a definition of the legal nature and legal status of the domain name . The legal nature of the domain name from the real Ought two terms , at present , any one of the countries do not have the domain name included in the scope of intellectual property , it can be regarded as a \consider , it is recommended that the domain name is included in the scope of protection of intellectual property rights .

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