The intellectual property nature of domain names is still controversial in academic circles. Some people regard domain names as commercial mark rights along with trademarks and trade names. Some peopl
The intellectual property nature of domain names is still controversial in academic circles. Some people regard domain names as commercial mark rights along with trademarks and trade names. Some people argue that the law should give domain name registrants special domain name rights as a new and independent intellectual property right. category. Generally speaking, the identification characteristics of domain names and their role in e-commerce determine that domain names are indeed a kind of intellectual property. Therefore, if an Internet user's domain name is infringed, he should be able to protect his rights and interests in accordance with the provisions of my country's "Anti-Unfair Law" regarding "counterfeiting" and "misleading". If the domain name user does not have a registered trademark, or his domain name is inconsistent with his registered trademark, he should apply for registration of his domain name as a trademark as soon as possible. In this way, my country's relatively complete trademark legal system can make up for the imperfection of the domain name system and fully protect himself. domain name. (5) Legal Regulation of Monopolistic Behavior in E-Commerce Under the existing legislative framework, the main basis for stopping monopoly in e-commerce is the provisions of Articles 6 and 7 of the Anti-Unfair Competition Law. Article 6 of my country's "Anti-Unfair Competition Law" stipulates: "Public utility enterprises or other operators with an exclusive position according to law shall not restrict others from purchasing the goods of their designated operators in order to exclude other operators from fair competition." Article 7 Article 1 stipulates: "The government and its departments shall not abuse their administrative power to restrict others from purchasing the goods of its designated operators and restrict the legitimate business activities of other operators. The government and its departments shall not abuse their administrative rights to restrict foreign goods from entering the local market. , or local goods flow to other markets.” It can be seen that it is difficult to effectively prevent unfair competition in e-commerce with these two simple provisions. To regulate monopoly in e-commerce, the introduction of antitrust laws is urgently needed. my country's Anti-Monopoly Law has not been enacted despite repeated calls. The fundamental reason is that administrative monopoly is deeply rooted in China's economic system, and local protectionism has become the main factor hindering the introduction of the Anti-Monopoly Law. Some people one-sidedly emphasize that China's market economy is not yet mature. , economies of scale have not yet formed, and there is no urgency to formulate antitrust laws. In fact, the anti-monopoly law does not absolutely prohibit the monopoly state itself, but to prevent the abuse of monopoly status. Therefore, the anti-monopoly law will not hinder the development of economies of scale; monopoly in the development of China's market economy, including monopoly in e-commerce, has become a shackles Obstacles to the further development of the market economy, antitrust aims to protect the development of the market economy.