What is the specific legal positioning of domain names?

Domain name rights are various rights enjoyed by domain name owners for domain names. They are a type of intellectual property rights. The rights holders have the right to use, benefit from, and exclude interference from others. What is the specific legal positioning of domain names? Below, the editor of Legal Savior Network has compiled relevant legal knowledge for your reference.

What is the specific legal positioning of domain names

The legal positioning of domain names is very difficult, and there is currently no conclusion . Below are some representative opinions.

Because domain names can create unlimited business opportunities for registrants , thus bringing certain economic benefits or competitive advantages, and the domain name has formed an intangible property right.

Because the domain name originates from the creative intellectual activity of the registrant , especially the unremitting pursuit of originality, conciseness, and connotation in the selection and arrangement of domain names. Domain names constitute an intellectual achievement.

According to the World Intellectual Property Organization (WIPO) According to the definition of "intellectual property rights", domain names comply with "all other rights arising from intellectual creative activities in the fields of industry, science, literature and art" and constitute a kind of intellectual property rights.

According to the relevant provisions of the World Intellectual Property Organization Convention, domain names are consistent with "rights related to other commercial marks" because of their distinctive identity, constituting a special commercial mark right.

The domain name is already included when its registration is successful. It has a specific business reputation or/and product reputation, and will be strengthened through good use and maintenance, which determines that the domain name has a certain degree of goodwill.

No matter which of the above opinions is more accurate, there is One thing is for sure. That is, the domain name has economic nature and constitutes a civil right in law; the relevant rights holders enjoy corresponding civil rights and interests.

"Supreme People's Court's Notice on Trials Involving Computer Network Domain Names" Interpretation of Several Issues Applicable Law in Civil Dispute Cases"

Article 8 If the people's court determines that the registration or use of a domain name constitutes infringement or unfair competition, it may order the defendant to stop the infringement and cancel the domain name, or order the plaintiff to register and use the domain name at the request of the plaintiff; causing actual damage to the right holder Yes, the defendant may be ordered to compensate for losses.

If you still have any questions, the Legal Savior Network is also Lawyer online consultation services are provided, and you are welcome to make legal consultations.