[국제통상]국제무역에 있어서 전자상거래분쟁에 관한 연구 - 중국의 도메인네임과 상표분쟁을 중심으로 -

The Dispute of Electronic Commerce in International Trade - Focused Domain Name and Trademark in China -

The purpose of this paper is to study on the disputes of domain name and trademark fight in China. Nowadays it is important to register easily memorized and reminded domain name m the electronic commerce. So everyone wants to register more easily memorized and reminded domain name But because domain name Just constitutes the alphabet A to Z and the Arabic figures 0 to 9, there are many same or similar domain names with famous trademark and general trademark. So frequently between famous trademarks and domain name had brought the lawsuits to recover their rights. But it is not easy to deal with these occurred new problems. In electronic commerce there are many types in the disputes of domain names and trademark fight in China But, this paper focuses on what choose between domain names rules and trademark right with these disputes With investigations in the suits between domain name and famous and general trademark, People's Court of the People's Republic of China had three types decisions. First, in the disputes between domain name and well-known marks, well-known marks has priority. Second, in the disputes between domain name and famous trademark, famous trademark has priority Third, in the disputes between domain name and trademark, domain name has priority.