The legal issues on domain name and the organization and management of the DNS has been the subject of intensive discussions throughout the world over the past a few years. These discussions have been motivated by a desire to institutionalize the functions associated with the management of the DNS in a manner which will permit the system to accommodate the growing volume of traffic on the Internet and to be administered in a stable, reliable, competitive and open way, taking into account the interests of all Internet stakeholders.

As mentioned above, the conflicts between domain names and trademarks and other legitimate rights of identity mainly because the different registration and adminitration system. Under the existing domain name system, problems can only be solved in some respective aspects. We must establish a new system to reduce the problems to the minimum extent. Since trademark system is well established after more than 100 years development, we can adopt some valuable principles for the new system. In the new system, while non-commercial used domain names should still be keep open to all persons and entities in specific TLDs such as .nom and .org, commercial used domain names should be registered in certain related class under relative ccTLD. The classification should be world wide uniform and should not be conflict with trademark classification. Only recognized well-known trademarks, domain names and other names can be registered under .com. As WIPO noted that restrictions can have an effect on reducing the tension between domain names and intellectual property rights. Under the new system, problems would be prevented rather than remedied after the fact.

As the Internet is multijurisdictional, the new system cannot be established without international cooperation. It should be administered by WIPO and the ”A?root server should also be operated by WIPO. To keep the system stable, ICANN can be re-organized as a commission under WIPO, which will be in charge of administering the DNS according to an international aggreement. The existing domain names should be permitted to transfer to new classified domain names in a provided period.

Surely, it is a hard work to the international community to establish the new DNS.
[首页]    [上一页]    [下一页]    [末页]    选择页数12345 （本文作者：杨春宝律师，来自：法律桥，引用及经许可转载时均应注明出处）

• 请注意文明用语，请勿人身攻击。
• 请尊重网上道德，遵守中华人民共和国各项相关法律法规。
• 您应当对因您的行为而直接或间接导致的民事或刑事法律责任负责。
• 本站有权在网站内转载或引用您的评论。
• 网站管理员有权删除违反上述提示的评论。
• 法律咨询请勿在此提出，咨询请去律师论坛。
• 参与本评论即表明您已经阅读并接受上述条款。

本站所有内容（包括法律咨询）仅供参考，不构成法律意见，站长不对资料的完整性和时效性负责。您在处理具体法律事务时，请洽询有资质的律师。本站将努力为广大网友提供更好的服务，但不对本站提供的任何免费服务作出正式的承诺。本站所载投稿文章，其言论不代表本站观点，如需使用，请与原作者联系，版权归原作者所有。