How to solve the conflict between domain names and trademarks
Clear the legal status of China Internet Network Information Center and formulate domain name disputes Relevant laws regarding settlement. At present, the unclear status of China Internet Network Information Center has brought about many specific problems, such as the inconsistency between the relevant judicial interpretations and departmental regulations of the courts with jurisdiction over domain name dispute cases.
In order to fundamentally reduce and strive to avoid a large number of domain name and trademark disputes, we must focus on establishing an effective preventive mechanism in advance. From the perspective of preventing disputes, Domain name registration policies are divided into three categories: open, semi-restrictive and restricted. The open registration policy is currently widely adopted and actively encouraged internationally. The basis for its use of private dispute resolution agencies to handle disputes is the domain name registration contract. Therefore, attention should be paid to the content arrangements regarding dispute prevention and dispute resolution in the registration contract. At the same time, we should also strengthen the cooperation between domain name registration agencies and national trademark management departments, establish a registration search system for domain name registration agencies, and change the lifelong system of domain name registration to a renewal system.
Legal conflicts between domain names and trademarks are inevitable in the Internet economy caused problems. But it is not an insurmountable difficulty. As long as we continue to improve the existing legal system and seek a legally fair balance of interests between trademark owners and domain name registrants, we will make the domain name system andTraditional intellectual property rights coexist in a coordinated manner to maximize the social benefits of the network economy, but at the same time, conflict prevention mechanisms must be strengthened and established.
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