Governance of Internet Domain Names Against Cybersquatters in China: A Framework and Legal Perspective by Mo Zhang (Temple University/Hastings International and Comparative Law Review)

Abstract: With the rapid growth of commercial use of the Internet, registration of domain names in China has been burgeoning at an accelerated pace. In the meantime, the practice of cybersquatting or domain name hijacking has become a phenomenon that disrupts both the use of domain names in particular and cyberspace in general. The unauthorized use of a well-known trade mark or other service mark as a domain name posts great challenges to the protection of intellectual property rights under the existing legal system. As a matter of fact, the number of cases involving the use of domain names and infringement on trade marks is dramatically increasing in Chinese people’s courts. Many efforts are being made in China to develop legal structure that governs the registration and use of domain names and that provides judicial remedies against cybersquatting. Attempts are focused on resolving conflicts between domain names and traditional intellectual property rights. Many thorny issues remain, including, among others, legal status of domain names, determination of famous marks, and legislation regulating domain names.

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