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The domain name registers contention battle to cause trade mark right to protect
From;  Author:Stand originally

Information of Chinese brand website (bring from Chinese economy times)

As Chinese Internet the 2nd spring advent, the domain name serves as a kind cannot reborn foundation resource, its temperature is constant also " warm up " . Around the contention of the domain name battle also grows in intensity: Microsoft good beat grabs those who register its domain name " network cockroach " , the netizen is grabbed note " reunion hare " domain name, undergraduate is grabbed note " silver-colored a supermarket " build the store on the net...

Grab in confused of company domain name when noting, each square comment sound also emerges in endlessly. A few enterprises and comment personage think, the domain name is grabbed note block up the development of the enterprise, should mix from the system jural undertake protective to brand, put an end to a domain name to grab note. Be aimed at this kind of viewpoint, legal expert points out, from the point of the development rule of internet and domain name bound, if use power of domain name of check of trade mark right, not only the effect that does not have market of normative domain name, instead can be just the opposite to what one wished, cause the disorder of domain name system and even Internet.

   Register ≠ ill will to grab first note

According to well-known lawyer Yu Guofu introduces inside course of study: Snatching the full name that register should be " register first " is not " loot is registered " , it is to point to to valuable domain name, one pace registers forefathers the behavior that come down. The phenomenon that appears to be registered first, depending on a domain name is rare those who be short of a gender cannot renewable resources, the house that good domain name resembles nice a sector of an area is same, who strikes first prevails, note first get first. Be being registered first is sexual behavior of a kind of fine, it is a kind of when the domain name registers legal measure, the condition of domain name system that develops individually from international looks, "Note first get first " it is international current rule.

Since the domain name is registered first,be not break the law, also accord with international convention, why does the near future get dispute fully in home? Yu Guofu thinks, a lot of current is opposite the domain name is grabbed note and the voice that domain name investment raises to oppugn, it is promiscuous actually two concepts: Register first grab with ill will note.

Yu Guofu says, pass through from international convention and at present domestic management looks on regulation, the domain name is grabbed note be not violate compasses act. Be labelled to violate of compasses is " ill will is grabbed note " behavior. So-called ill will is grabbed note, domestic and international government measure has relevant regulation, basically be to point to those who damage others rights and interests to register behavior. Apparent ill will grabs be like,note: Register some well-known company domain name to be sold to this company high price, the ill will that this is a model is grabbed record a case. Also express at the lawyer, note whether baleful cognizance about grabbing, involve the very complex case such as right of the person that register, complainant right, be not can explanatory circumstance, need is adjudicated by arbitral orgnaization or court.
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