Title: Legal problems of internet domain name in China

Authors: Xiaoqing Feng, Qijia Liu

Addresses: Graduate School, China University of Political Science and Law, Beijing, 100088, PRC. ' Graduate School, China University of Political Science and Law, Beijing, 100088, PRC

Abstract: China has made great achievements in formulating legal documents concerning domain names. The current mechanisms available to solve domain name disputes in China include folk mechanism, administrative mechanism and judicial mechanism. China has made great progress in the adjudication of domain name cases in such aspects as the determination of jurisdiction, the determination of cause of cases, the determination and protection of well-known trademarks, the determination of malicious registration, the protection of domain name, the examination of the arbitration made by WIPO or Asian Domain Name Dispute Resolution Center, the criterion for compensation and the law application. Judicial practice shows that some problems still exist in China|s current legislation such as the questions of how to resolve domain name disputes taking into consideration the balancing of the fair interests of the parties concerned. This paper puts forward several suggestions for the further improvement of domain name legislation in China.

Keywords: internet domain names; legislation; China; trademarks; registration; fair interests; domain name regulation; domain name law.

DOI: 10.1504/IJPL.2008.021237

International Journal of Private Law, 2008 Vol.1 No.3/4, pp.382 - 398

Published online: 12 Nov 2008 *

Full-text access for editors Access for subscribers Purchase this article Comment on this article