Application Of Law Of The Rights Of Property Of The Domain Name And Domain Name Disputes

As a new media, the internet has greatly influenced the way of life but not changed the essence of legal relation. Legal relation reflects the interpersonal relation, and all laws that people should observe in the real world should be still suitable in the internet world.As the Internet becomes prosperous, there are many disputes occurred to domain name registration and e-commerce application, which prove that our legislation or research is far beyond the development of the Internet. This is a pending issue on the conflicts between the traditional civil rights to some basic objects.Upon studying the generation of the domain name, its structure, the author illustrates the setting-up and management of the domain name in our country by introducing the concept of the domain name, hoping to define the nature of the domain name and its legal characteristics:1) thoughts on the right to domain name from a theoretical view;2) reasons for the disputes concerning the domain name, explaining the ways of settlement or precautionary measures;3) the legal application of the disputes of the domain name, including "Trademark Law", "Anti-Unfair Competition Law" and "General Rules of Civil Laws" which should be paid much attention to, which touches upon the protection question to the famous trade mark in the field of domain name;4) the questions that should be noticed when the people's court handles the dispute case of the domain name in the judicial practice.The core of the rights is litigable interest. It is unquestionable that there are civil interests on a domain name registered. The right to the domain name should be acknowledged as a right to intellectual property. The laws applicable to the cases of the domain name arethose including but not limited to "Trademark Law" , "Anti-Unfair Competition Law" and "General Rules of Civil Laws", for some judicial interpretations are also applicable.Internet has already touched our life, changing our life style at a surprising speed and influencing our legal system. This thesis proves it is essential to make a special law to thoroughly coordinate the relations of the domain names in order to meet the progress of the times, and to solve their disputes in a judicial way.