Conflicts between domain name rights and trademark rights and solutions

Source: Internet
Author: User
Tags domain name registration
[Abstract]: This article mainly introduces the meaning and legal nature of the domain name, explains the forms and causes of conflicts between the domain name right and the trademark right, and finally to reduce the conflicts between the two, the author puts forward several suggestions on domain name registration policies and coordination with relevant management departments. There can be judicial and non-judicial approaches to resolve the conflicts that arise, and the author also gives a certain introduction to this.
[Keywords]: Domain name right intellectual property right conflict
I. Domain Name Meaning and legal nature
A domain name is a hierarchical character identification used to identify and locate a computer on the internet. It corresponds to the Internet Protocol IP address of the computer. Domain names are generated because IP addresses are not intuitive and difficult to remember. A domain name consists of English letters, numbers, periods, and other special symbols. It is automatically mapped to an IP address through resolution, so that you can find the computer you want to access. The original intention of the design domain name is to express the difference, but with the development of technology, the domain name has produced commercial value. Whether a domain name can become a kind of right or a new type of intellectual property rights remains controversial in academic circles. Some people claim that domain names are addresses on the Internet, not intellectual property rights, but an independent or having no rights. Some American scholars have similar ideas, it is believed that the domain name registrant only has the right to use rather than ownership [①]. Some people also think that the domain name can be treated as a kind of name ownership, domain names are used as an extension product of the same type of trademark in the Internet field. Some scholars believe that domain names are of great value under the operation and promotion of domain name holders, the domain name has a certain reputation right, which forms a fact-existent intellectual property right and becomes the intangible asset of the holder. Some scholars believe that the domain name has the same role as the trademark, therefore, the domain name can be regarded as a Service trademark. Japanese scholars regard the domain name as the contractual creditor's rights between the domain name user and the domain name registrar [②]. In China's judicial practice, domain names are not specific and specific, but are regarded as a civil right of the parties. The author believes that the domain name was originally an online recognition symbol, similar to the trademark function, it can meet the needs of identifying different online business activities, therefore, the owner of a domain name will carry out some publicity and packaging, so that the identification function of the domain name can be generated and developed, and the economic value of the domain name can be realized. Therefore, whether the domain name registrant is conducting online business activities or only providing information services within the domain name, the domain name carries commercial value and becomes a commercial business identifier, therefore, I believe that the domain name has the property of intellectual property rights. Domain names are very different from traditional intellectual property rights such as trademarks and trade names. For example, domain names are only transferred and not licensed. The following describes the conflict between domain name ownership and trademark right.
II. Forms and causes of conflicts between domain name rights and trademark rights
(1) domain name rights and trademark rights conflict:
1. Domain name registration first. After the domain name owner registers the domain name, the trademark registrar applies for the registered trademark and obtains the trademark right for the identified part of the domain name. At this time, the trademark private right cannot be extended to the domain name, because the domain name is global, it does not matter whether it is regional, the trademark is strictly regional, and the domain name is registered first, protected by law.

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