(_) Type of permission _;
(_) Whether the licensing right is exclusive or exclusive;
(three) the geographical scope and duration of the license;
(4) payment standards and methods;
(5) Liability for breach of contract;
(six) other contents that Shuang _ thinks need to be agreed.
First, the unauthorized sale of domain names belongs to the crime of counterfeiting patents, and the characteristics of the crime of counterfeiting patents:
1. The subject of this crime is a general subject, which can be composed of enterprises, institutions and individuals.
2. The subjective aspect of this crime is intentional, generally with the purpose of illegally obtaining economic benefits, but some of it is aimed at damaging the reputation of others and destroying the patent rights and interests of others. For what purpose does not affect the establishment of this crime.
3. This crime is objectively manifested as a serious act of violating the national patent management regulations and passing off the patent granted by others within the validity period of the patent stipulated by law.
Second, what responsibility should I bear for buying and selling domain names?
1. According to the relevant laws of our country, anyone who illegally buys or sells a domain name 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. If a domain name registration service agency 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 accepting the entrustment of a domain name registration agency to carry out marketing and other work, it should take the initiative to show the agency relationship, and clearly indicate the name and agency relationship of the relevant domain name registration service agency in the domain name registration service contract.
Third, how to resolve domain name disputes.
1. Some people think that domain names are special trademarks and should be regulated by trademark law. There are also views that although domain names are not trademarks, as a kind of intellectual property rights, they should be regulated by intellectual property law; There is also a view that an independent "domain name right" should be created to regulate related behaviors.
2. Domain names and trademarks are closely related, but there are great differences, so it is not appropriate to simply extend trademarks to domain names; Domain name disputes are complex, and it is far from enough to adjust only by intellectual property law; However, in the face of the new situation, it is even more dangerous to set new legal rights at will and ignore the investigation and legal analysis of the application of the law.
Legal basis:
copyright law
Article _ _ 4
Unless a license is not required according to the provisions of this Law, a contract shall be signed with the copyright owner. The license contract includes the following main contents:
(_) Type of permission _;
(_) Whether the licensing right is exclusive or exclusive;
(three) the geographical scope and duration of the license;
(4) payment standards and methods;
(6) Liability for breach of contract;
(seven) other contents that both parties think need to be agreed.