중국의 도메인네임 분쟁사례연구

Case Studies on Disputes of Domain Name in China

The purpose of this paper is to study on the disputes of domain name in China. Nowadays it is important to register easily memorized and reminded domain name in the electronic commerce. but there are many same or similar domain names. Because domain name just constitutes the alphabet A to Z and the Arabic figures 0 to 9. So frequently between famous trademarks and domain name had brought the lawsuit to recover their rights. But it is not easy to deal with these occurred new problems. Recently in China same problem occurs in domain names. There are many types in the disputes of domain names in China. But this paper focuses on the two types. First, in the disputes between domain name and trademark, domain name's register wins that suit. Second, in the disputes between domain name and trademark, trademark' owner wind that suit. In the suit between domain name and trademark, People's Court of the People's Republic of China had Three standards. First, who is the ownership between domain name and trademark disputes. Second, which is act of infringement on the right of business name and trademark, or not. And Third, which id undue behavior in commercial transaction, or not.