with the rapid development of modern society, the development of computer technology, a domain name dispute is becoming more and more fierce, and our law does not seem to be in this area have detailed provisions, some people use the law does not require to obtain illegal interests, because some people are not familiar with this field and that their rights have been violated it could be in here, the author of the present society of our country and perfect the legal regulation of domain name dispute put forward their own views.
Reason analysis of malicious registration of
alleged malicious registration of domain names, refers to the purpose of profit, etc., with unfair means to preemptive registration of others in the field or related areas have been used, and have certain impact of the domain name and other rights.
taking a look at the cases of malicious hijacking of domain names all over the world, it is not difficult to find that China is the place where malicious hijacking of domain names frequently occurs. The reasons are as follows: first, understanding later. The term "domain name" is relatively late in terms of public concern. May 2003 – the domain name registry in China China Internet Network Information Center was officially launched Chinese domain name system in line with international standards, thus the domain name registration system of our country formally with international standards, a move that many businesses, enterprises and companies recognize the importance of domain names began to register their own the domain name. Second, the concept of protecting the interests of the public is weak. Many people think that the domain name is the number, one of the important reasons is that it can lead people to enter into the "room", but the author thinks, the domain name is more like a key, only the input keys to open the door to the room, then we want to see "," people to buy goods according to the information display so to some extent, as the network trademark is ", but the name is indicative only, so that the public information display" violated their legitimate rights and interests, should immediately use legal weapons to protect their rights, will not have so many malicious cybersquatting case, this means that attention should not only belong to domain name is the company and legislators, consumers should also be given full attention. Finally, the legislative reasons, an important objective of the legislation is to make laws, if in a certain area of legislation is blank or incomplete, so this area will have to be behavioral norms, and the law of our country has not in this field have detailed provisions.
malicious preemptive registration in today’s society is not uncommon, many people or legal person based on some kind of interest driven malicious malicious registration of certain well-known enterprises computer domain name, caused many disputes. The Procter & Gamble Company and the State Grid Information Company dispute is particularly fierce, the case of first instance judge in accordance with the "People’s Republic of China Anti Unfair Competition Law" in the first paragraph of article second, "the Supreme People’s Court on the trial involving the applicable law of computer network domain name dispute cases in civil problemsabout explanation" article fourth, paragraph fifth (two), (four) and the provisions of article eighth, the decision in favor of Procter & Gamble, China Network Information Limited for the first instance verdict appeal, > two