Governance of Internet Domain Names Against Cybersquatters in China: A Framework and Legal Perspective

31 Pages Posted: 3 Jun 2007

See all articles by Mo Zhang

Mo Zhang

Temple University - James E. Beasley School of Law

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.

Keywords: Domain Names, Cybersquatting, Chinese Law

Suggested Citation

Zhang, Mo, Governance of Internet Domain Names Against Cybersquatters in China: A Framework and Legal Perspective. Hastings International and Comparative Law Review, Vol. 26, 2002, Available at SSRN: https://ssrn.com/abstract=989982

Mo Zhang (Contact Author)

Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
257
Abstract Views
1,219
rank
148,549
PlumX Metrics