Legal Regulation Of Unfair Competition Of Domain Name

The domain name is only a term of networking terminology at first. The intention of its original design is easy to mark physical address of a computer on internet. Besides, along with the development of internet and the electronic commerce, the domain name is used to differ from all kinds of websites and its offering the services or commodities,so that the commercial value of the domain name has been improved greatly day by day. Therefore, under the benefit driven as well as the domain name and intellectual property legal system conflicts,the domain name disputes go up and come down frequently at home and abroad, and the domain names'misbehavior in competition intensifies a lot. The existing domestic and international legislation on the domain name regulation is relatively backward, and there are many shortcomings. However, there are no relevant regulations in China's "Anti-Unfair Competition Law". So presently the problems we must solve are how to use the application of laws and regulations against unfair competition domain name system and maintain network market economic order. This paper is written on the basic points of anti-unfair competition and the safeguarding network market'economic order of healthy development for the end result. Under the Anti-Unfair Competition Law Perspective on Regulation of domain names, hope to put up some effective suggestions to China's "Anti-Unfair Competition Law" revise and perfection.The full text is consists of four parts, including the introduction and the body three chapters.The first part is the introduction. This part describes its motivation and research significance in detail, and concisely analysis the main issues and the main research methodology presented in this paper.The second part is the first chapter. This chapter analyzes Anti-Unfair Competition Law can effectively control the domain name's misbehavior in competition from theory to practice. Section II introduces Anti-Unfair Competition laws of the domain name system need in our country at this stage. Finally, from the Anti-Unfair Competition Law of the unique and so on, it illustrates Anti-Unfair Competition Law to protect the uniqueness of the domain name.The third part is the second chapter in this paper. This chapter analyzes the construction of the system of Anti-Unfair Competition Law. This chapter divides into four sections. The first section mainly is to define the concept of the domain name anticompetitive acts. The second section mainly analyzes the form elements to the domain name unfair competitive behavior. The third section mainly introduces the types of the domain name unfair competitive behavior. The fourth section mainly analyzes the legal liability of the domain name unfair competitive behavior.The fourth part is the third chapter in this paper. This chapter analyzes Anti-Unfair Competition Law and the Trademark Law to regulate domain name system interface. Section I of this chapter introduces the dispute theory discussion of the domain name and the trademark. Second section analyzes the suitable choice issue of Anti-Unfair Competition Law and Trademark Law.The innovation of this paper lies in: 1. Choosing "Anti-Unfair Competition Law" is as for the research perspective and using the related theory of Anti-Unfair Competition Law analyzes the regulation issue of domain name, which realize this question's theoretical and actual longitudinal analysis with Anti-Unfair Competition Law. 2. On the basis of our country domain name legal regulation present situation, using the Anti-Unfair Competition Law regulation the domain name basically and thoroughly.The shortcoming of this paper lies in: The problems proposed in the article should be discussed, analyzed and solved step by step in the future. They are that on the basis of the practical issues with the analysis domain name anti-unfair competitive behaviors, propose to regulate them with Anti-Unfair Competition Law, come up with some concrete measures taken at the present stage and the forming feasibility analysis with some related legal laws.