How to resolve the conflict between domain name rights and trademark rights
The "China Internet Domain Name Management Measures" and "Domain Name Management Measures" were promulgated in my country Before the "Measures for Dispute Resolution" and other departmental regulations, behaviors such as domain name squatting were treated as trademark infringement or unfair competition.
But with the booming development of e-commerce, this type Rights conflict cases are occurring more and more frequently, and the cases are becoming more professional and complex. The traditional rights conflict resolution model has been difficult to meet practical needs.
It draws lessons from the Internet Corporation for Names and Coding (ICANN) The "Domain Name Dispute Resolution Measures" formulated under the "Uniform Domain Name Dispute Resolution Rules" (UDRP) promulgated and implemented in 1999 are the main basis for my country to resolve cases involving conflicts of domain name and trademark rights.
The Measures provide detailed provisions for dispute settlement institutions, dispute resolution Specific resolution rules such as deadlines, dispute resolution principles, and standards for malicious registration.
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In response, the China Internet Network Information Center has promulgated a series of regulations to focus on resolving disputes related to domain names.
Learning from the relevant rules of UDRP, China’s existing domain name dispute resolution rules can be gradually improved, but There are still some issues that need to be addressed.
First, as soon as possible Clarify the legal status of China Internet Network Information Center and formulate relevant laws on domain name dispute resolution.
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.
"Applicability of the Supreme People's Court to the Trial of Civil Disputes Involving Computer Network Domain Names" Article 2 of the Interpretation of Several Legal Issues stipulates that “cases of infringement disputes 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. However, the "Domain Name Dispute Resolution Methods" stipulates that the complainant or the respondent can file a lawsuit with the Chinese court where the China Internet Network Information Center is located. The prerequisite for resolving this contradiction is to clarify the legal status of the China Internet Network Information Center. , resolve this issue in accordance with the legal application of conflict resolution principles.
Secondly, set up announcement and objection procedures before domain name registration, and take pre-emptive measures for conflicts of domain name and trademark rights. At present, my country adopts formal review or non-review of domain name registrationIn principle, as long as the applicant provides evidence that there is no identical domain name worldwide, it can be registered. If the legitimate rights and interests of others are infringed upon by holding or using a domain name after registration, the domain name holder shall bear responsibility.
This form of ex post relief cannot reduce domain names from the source In cases of conflicts with trademark rights, it is recommended to set up domain name registration announcements and objection procedures to strengthen prior prevention. After the domain name registration agency preliminarily reviews the registration application, it shall preliminarily review and announce the application that meets the formal requirements. Within 15 days from the date of announcement, anyone may raise objections. If there is no objection after the announcement period, the registration will be approved.
Thirdly, the judicial system for conflicts between domain name and trademark rights should be smoothed Solutions. The "Domain Name Dispute Resolution Measures" are departmental regulations in terms of legal effect. They focus on resolving domain name disputes through administrative procedures. Since administrative procedures do not have the finality of dispute resolution, domain name dispute resolution should improve the relevant judicial procedures and at the same time make it more efficient. Provide good relief to the legitimate interests of the rights holders.
"The Supreme People's Court's Notice on the Trial of Civil Cases Involving Computer Network Domain Names" Articles 4 and 5 of the Interpretation of Several Issues Applicable Law in Dispute Cases clearly stipulate the criteria for identifying conflicts between domain name and trademark rights. This will help regulate domain name squatting and balance the interests between domain name holders and trademark rights holders.
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