How to add simple and easy ways to resolve domain name disputes besides litigation
"Interim Measures for the Administration of Internet Domain Name Registration in China" 》The most prominent defect is the lack of procedural remedies. It only stipulates how to stop domain name infringement, but does not stipulate the final ownership of the domain name. Therefore, it is necessary to establish a specialized domain name dispute arbitration institution to set up a set of remedies. procedures to resolve the growing number of domain name disputes. Such benefits can first avoid lengthy litigation procedures and help maintain the efficient operation of the network; secondly, the organization can be composed of professionals in various fields, which can help protect the objectivity, fairness and authority of the ruling. The organization should be composed of relevant experts from the legal community, the information industry, the telecommunications department, domain name registration and management authorities, trademark registration and management authorities, and industrial and commercial administration authorities. For relevant dispute resolution rules, please refer to the UDRP.
How to better resolve domain name disputes
(1) Unified legislation
As an intangible asset, a domain name must be transferred, used, Licensing, etc. will bring benefits to the domain name registrant or owner. The author believes that with the emergence of domain names and the development of conflicts with trademarks, legislation that adapts to changes in the situation has become an urgent task, and due to the infinite extension of the network's "virtual space", this legislation should be unified not only within a country, but also on a global scale. Therefore, the relevant legal provisions of various countries and international legislation should be consistent, and unified legislative protection should be established to strengthen the coordination of domain name and trademark conflicts.
(2) Improve the judicial resolution mechanism
When there is a conflict between a domain name and a trademark, no method can deny the parties’ right to judicial litigation, and litigation should be the final solution program. To this end, the judicial resolution mechanism should be improved. Through the court's case-by-case determination of whether a trademark is well-known, and combined with other relevant conditions to determine whether it constitutes domain name infringement or unfair competition, rights relief and damage compensation can be achieved, and a fair and reasonable legal order for the relationship between domain names and trademarks can be established. After the regulations related to domain names are promulgated, the possibility of arbitrating conflicts between domain names and trademarks will be considered.
"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names" No. Article 2 Infringement dispute cases involving domain names shall be under the jurisdiction of the Intermediate People's Court at the place where the infringement occurred or where the defendant is domiciled. If it is difficult to determine the place of infringement and the defendant's domicile, the location where the plaintiff discovers the computer terminal and other equipment of the domain name can be regarded as the place of infringement.
Foreign-related domain name dispute cases include one or both parties being foreigners, stateless persons, foreign enterprises or organizations , international organizations, or domain name dispute cases where the domain name is registered in a foreign country. Jurisdiction over foreign-related domain name disputes occurring within the territory of the People's Republic of China shall be determined in accordance with the provisions of Part IV of the Civil Procedure Law.
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