What are the responsibilities when buying and selling domain names?

The operation of the network requires domain names, and those engaged in domain name services must comply with legal provisions. Those who illegally buy and sell domain names need to bear legal responsibility according to the circumstances. If it does not constitute a crime, the telecommunications management department will impose penalties such as fines. Regarding the issue of liability for buying and selling domain names, the editor of Legal Savior Network will answer the following questions for readers. I hope that the following knowledge will be helpful to readers.

1. What are the responsibilities when buying and selling domain names?

1. According to my country’s relevant regulations According to the law, anyone who illegally buys or sells domain names needs to bear legal responsibility according to the circumstances. If it does not constitute a crime, the telecommunications management department will impose penalties such as fines.

2. Legal provisions: "Internet Domain Name Management Measures"

Article 20 Domain Name If a registrar entrusts a Domain name registration agency to carry out marketing and other work, it shall supervise and manage the work of the domain name registration agency. When a domain name registration agency is entrusted to carry out marketing and other work, it should proactively indicate the agency relationship, and clearly indicate the name of the relevant domain name registration service agency and the agency relationship in the domain name registration service contract.

Article 50 If a domain name registration management agency or a domain name registration service agency commits any of the following acts in violation of the provisions of these Measures, the telecommunications management agency shall order it within a time limit based on its authority. Make corrections and, depending on the seriousness of the case, impose a fine of not less than 10,000 yuan but not more than 30,000 yuan, and announce to the public: (1) Provide domain name registration services to unauthorized domain name registration management agencies, or carry out services through unlicensed domain name registration service agencies Domain name registration services; (2) Failure to provide services in accordance with permitted domain name registration service items; (3) Failure to verify the authenticity and completeness of domain name registration information; (4) Preventing domain name holder changes without legitimate reasons Domain name registrar.

2. How to resolve domain name disputes

1. Some people believe that domain names are special trademarks and should be regulated by the Trademark Law; others believe that although domain names are not trademarks, they should be regarded as a type of intellectual property and are subject to intellectual property rights. The regulation of property rights laws; there are also opinions that a new independent "domain name right" should be created to regulate related behaviors.

2. Domain names and trademarks are closely related, but they are very different. It is not appropriate to simply extend the extension of trademarks to domain names. Domain name disputes are complex, and regulation by intellectual property law alone is far from enough. In the face of new situations, Setting up new legal rights at every turn and ignoring the examination of legal application and legal analysis, in a modern society that is constantly changing, there is a risk of "changing orders overnight". When resolving domain name disputes, a set of legal systems should be followed, namely: the judicial interpretation of domain names and other provisions; legal provisions on trademark rights; principles of good faith and social welfare. There are two points worth noting when applying this legal system:

3. First of all It is hierarchical, that is, first check whether it violates judicial interpretations and other regulations on domain names;

then check whether it violates legal regulations on trademark rights;

Finally, see whether it violates legal principles.

This is to follow the principle of legal application that the special is better than the general. Secondly It is defensive. The plaintiff can only use this as the basis for defending his rights. Requests that exceed these norms are an abuse of rights and will cause new unfairness. The combination of hierarchy and defensiveness makes this legal system called "Three Ways" Line of defense.

The above knowledge is the editor’s answer to relevant legal issues. According to the relevant laws of our country, illegal buying and selling of domain names needs to be based on the circumstances. If you bear legal responsibility and do not constitute a crime, the telecommunications management department will impose penalties such as fines. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.