Conflict And Coordination Between Domain Name Rights And Trade Name Rights

Along with our country to vigorously implement the "Internet plus" strategy,the network economy is booming in China,the legal issues at the same time the network domain name infringement has become a hot and difficult problem in today’s remarkable.The author believes that the domain name right people,he is on the Internet domain name signs,can guide the citizens and legal persons to visit its website,thus the right of domain name domain name is one business logo is a business logo,domain name right to enjoy the right to the domain name business logo,and the logo is a kind of anti right management unfair competition right,the right to enjoy the use of proceeds,and exclude others and to prohibit others to fake the right.Therefore,the domain name rights belong to the intellectual property rights.Aiming at this problem,this paper mainly divides into the following three parts to study the problem of domain name right and the conflict and coordination between the domain name and the right of trade name:The first part is the overview of network domain name and domain name right.Network domain name is a symbol of the network address,according to the level is divided into top-level domain,two domain name,etc.,with unique,dedicated,interconnected,identifiable technology features.The domain name is a variety of network domain name for the domain name rights owners enjoy the right to enjoy the benefits,and exclude others and the right to prohibit others from counterfeiting,with intangible property value,exclusive exclusive,time,regional and legal characteristics.The second part mainly elaborates the conflict between the network domain name right and the trade name right.The essence of the conflict of intellectual property right lies in the legal right of the different subjects of the same intellectual property right,thus forming the conflict of interest.The company is part of the name of the enterprise;the right of trade name,also called the name right,commercial name right,refers to the merchant owned the rights of the firm,intellectual property law is established to regulate the right of trade name in the maintenance of private rights protection and market order level.Understanding the domain name right from the perspective of intellectual property,in accordance with the basic characteristics of intellectual property rights,but regardless of the legislation and judicial practice,are lack of protection of the right to the domain name,the effectiveness of existing relevant legal protection of the right to name the insufficiency,the level is not high;specific generalization of network domain name infringement is not fine.The author focuses on the right of domain name and trade name right of the conflict,including the causes of conflict:the commercial domain in the network era,the commercial value is rising;the contradiction between regional and global network domain name right and trade name right;"approximate prohibition principles do not apply in the network domain name registration in the jurisdiction of the region;with the global network domain name conflicts and network domain name registration system is not perfect.The forms of conflict and solutions including:cybersquatting behavior and its solution;domain name theft dispute and its solution;domain name and trade name coincidence and the ways to solve the conflict of rights;simple and solution;after the conflict between the domain name and trade name rights first and its solutions.The third part mainly elaborates the legal thinking on conflict coordination between domain name right and trade name right of the author,including the development of "Internet domain name rights protection law",to strengthen the protection of the network domain name;given the well-known firm anti dilution protection,increase the protection of trade name;the reform of "network domain name registration management measures",establish the defense mechanism of domain name registration;perfect law enforcement framework the domain name right and trade name right conflict.