论域名与商标权冲突的解决

随着互联网民用化和商业化进程的不断发展,域名与商标权之间的冲突也愈演愈烈,目前国际上域名争议的解决途径主要有两种:一是通过民间专门争议解决机构司法外解决,一是司法解决。目前,我国对域名与商标权冲突的法律调整较之以前已有很大进步,但仍有需完善之处:对于域名与商标权产生冲突的源头,仍旧没有作出规定;调整域名纠纷中的法律效力的位阶较低;现有的法律法规对商标侵犯在先,域名权该如何处理没有提及。

On the Confliction between Domain Name and Trade Mark Privileges

With the constantly development of civilization and commercialization of internet, the confliction between domain name and trade mark privileges grow in intensity too, there are two kinds of settlement ways of the dispute of domain name mainly in the world at present, another is solving it outside the folk special administration of justice of dispute-solving agency, another is the judicial settlement. At present, the law that our country conflicts to domain name and trade mark privileges is adjusted and already made very great progress compared with before, but some things need to be perfected, such as the production source of the confliction has not still made stipulations; adjust location of legal effect is lower; the existing laws and regulations has not mentioned how to deal with the right of the domain name when the trade mark is infringe formerly.