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Legal Analysis On The Dispute Of "JiaYou" Internal Domain Name Case

Posted on:2021-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2506306227953549Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of the Internet industry,"network domain names" came into being and are widely used by the public.In this development process,the Internet domain name has gradually become a very important intangible asset for enterprises,and contains huge commercial value.Because of this,some people have registered domain names that are the same as or similar to others’ well-known trademarks in the spirit of speculation and ingenuity,and the resulting domain name disputes have become increasingly prominent.According to the current situation,we urgently need to fundamentally reduce the occurrence of domain name disputes,and can reasonably and effectively resolve the disputes that have occurred.Through the analysis of the "home ownership" case,this article can see that the current laws of our country do not provide sufficient protection for Internet domain names,and there are still many problems.For example,there is no clear legal status for a domain name,the standards for determining domain name infringement are ambiguous,and the application of the law by the court when dealing with domain name disputes is unclear.In summary,the author believes that the legislative protection of online domain names should be strengthened and the legal mechanism of online domain names should be improved.First,the legal status of the domain name should be clarified,and it should be regarded as a new object of intellectual property.Secondly,formulate a perfect domain name registration management system,and strive to fundamentally reduce the occurrence of such disputes;establish a domain name usage period to prevent the phenomenon of domain name hoarding.Once again,the standards for determining domain name infringement are clarified to reduce the occurrence of different judgments in the same case.Finally,pre-resolution procedures for domain name disputes should be provided to reduce dispute resolution costs and improve resolution efficiency.For the economic development of the entire society,Internet domain names will become more and more important,and their economic value will become higher and higher.For them,a strict legal system will be formulated toprovide better protection for Internet domain names,which is more beneficial to the Internet economic development.
Keywords/Search Tags:Network Domain Name Dispute, Intellectual Property, Similarity, Malicious Acts, Domain Name Right
PDF Full Text Request
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