Current location - Trademark Inquiry Complete Network - Trademark registration - Our country's existing laws do not clearly stipulate disputes between domain names and trademarks, which results in many vague understandings and disagreements about the nature of domain names and the
Our country's existing laws do not clearly stipulate disputes between domain names and trademarks, which results in many vague understandings and disagreements about the nature of domain names and the
Our country's existing laws do not clearly stipulate disputes between domain names and trademarks, which results in many vague understandings and disagreements about the nature of domain names and the relationship between domain names and trademarks. There are no specific operating methods and no clear way to assume responsibilities. rules, it will be impossible to form a legal deterrent and establish an effective prevention mechanism. Although our country has also promulgated some related laws and regulations, the number is generally relatively small, and in the face of the rapidly developing Internet world, the laws and regulations formulated pale in comparison. The 2021 Supreme People's Court's "Interpretation on Several Issues Concerning the Use of Laws in the Trial of Civil Disputes Involving Computer Network Domain Names" is currently the only legal document involving domain name disputes. The relatively rapidly developing information industry and network economy still lack strength. The imperfection of the law is also one of the reasons why domain name and trademark disputes arise and increase. 3. Conflict prevention mechanisms and solutions There are two legal remedies for conflicts, one is prevention beforehand, and the other is subsequent remedy. Precautions beforehand are beneficial to the losses of both parties. So how to establish relevant systems to prevent conflicts between domain names and trademarks is what the author will discuss below: 1. The domain name registration policy has been mentioned above. The current domain name registration is It is open, and the author believes that whether domain name disputes can be prevented has a lot to do with the registration policy. Domain name registration policies are divided into open, semi-restrictive and restricted [⑥]. The open type does not impose qualification restrictions on those who apply for domain name registration, and does not conduct rights review on the domain names applied for registration. The registration organization adopts "first-come-first-served" as the acceptance principle; the semi-restrictive type imposes no restrictions on domestic people, but requires non-domestic domain name registration applicants. Provide evidence of ownership of the chosen domain name. The restricted type implements a strict restrictive policy, allowing only locals to register domain names for names to which they have rights, and subject them to strict review. The open registration policy is a registration policy commonly adopted internationally. However, this registration policy itself is not conducive to preventing domain name disputes. The common international practice is to regulate the responsibilities of domain name applicants through a domain name registration format contract. 2. Strengthen the cooperation between the domain name registration management unit and the national trademark management department. On the one hand, domain names corresponding to well-known trademarks and trade names are pre-reserved for a certain period. On the other hand, the national trademark office conducts legal publicity to registered trademark rights holders, or in When the right holder obtains the trademark right, he should inform the right holder that he can apply for a domain name from the relevant authorities using the relevant letters and numbers of the trademark to carry out online business activities. The main purpose of this is to allow the trademark right holder to exercise his rights in a timely manner. Sometimes rights holders can regain their domain names through litigation procedures, but this consumes a lot of manpower and material resources, resulting in waste, so prior coordination measures are essential. 3. Establish a registration search system for domain name registration management units. The current domain name registration application is relatively loose. Domain name registration management units are not responsible for checking with the trademark management department of the State Administration for Industry and Commerce whether a user’s domain name conflicts with a registered trademark, which leads to frequent disputes. The author believes that domain name registration management units should conduct relevant reviews and exclude registration applications for domain names that should not be allowed to be registered through searches. 4. The lifetime tenure of domain names should be abolished. According to the "China Internet Domain Name Management Measures" and its detailed rules, as long as the domain name is successfully registered, the domain name will remain valid as long as the registrant does not give up or the domain name is not revoked. Such rules will lead to domain name hoarding. If the renewal system is implemented, the occurrence of squatting can be reduced. The above mainly discusses the prevention mechanism, but disputes cannot exist without them. After a dispute occurs, how to resolve the conflict is also very important in weighing the interests of domain names and trademarks.1. Non-judicial channels: mainly refers to the dispute resolution mechanism stipulated by a series of relevant regulations such as the "China Internet Domain Name Management Measures" and the "China Internet Network Information Center Domain Name Dispute Resolution Measures". These regulations provide for non-judicial resolution of domain name disputes. Certain provisions have been made on the procedures and relevant institutional settings: after the Domain Name Resolution Center receives a complaint from a complainant, if the complaint does not meet the formal requirements of the resolution and procedural rules, the complainant should notify the Center on the date of delivery of the relevant modification notice. The complaint will be revised within five days. If the complaint meets the requirements, the center will send a copy of the complaint to the respondent within 3 working days after receiving the procedural fees paid by the complainant in accordance with the procedural rules. The respondent should A written defense must be submitted within 20 working days from the date of delivery of the copy of the complaint. The complainant and the respondent should select a single expert or a three-person panel of experts to hear the case in their letters of complaint and defense. The Domain Name Dispute Resolution Center should promptly establish an expert group in accordance with procedures. The expert group will make a ruling within 14 days from the date of establishment, and the Center shall deliver the ruling to both parties and the corresponding domain name registration management agencies and domain name registration service agencies within 3 working days after receiving the ruling. It also stipulates relevant execution procedures. . 2. Judicial approach: On the basis of advocating multiple methods to resolve disputes, judicial procedures are still inevitable. When hearing such disputes, the court may decide which party should use a domain name and decide whether it should be used by that party. Under certain conditions, the transfer of the domain name may be recognized. Regarding the form of liability, some researchers believe that my country's information industry and e-commerce are in the development stage, and the number and subject amount of online transactions are not large. Liability forms for infringement should mainly be cessation of use, cancellation and other forms of cessation of infringement