论计算机网络域名侵权责任认定.doc

Abstract Since the computer network domain was first registered in 1985, the conflict with other traditional civil rights have not been stopped before. As the domain name itself uncertain legal status, domain names and other traditional boundaries between civil rights blurred, so for the identified domain name has been the focus of tort liability issues related to legislation, but also cases the parties dispute the core. Relevant national legislation as well as network management agencies have made the relevant provisions, which are more representative in charge of the work of the Internet Corporation for Assigned Names Corporation for Assigned Names and Numbers ICANN published that the Uniform Domain Name Dispute Resolution Policy, Internet birth issued by the U.S. Anti-Cybersquatting Consumer Protection Act, and so on, these two documents identified by the domain name infringement of the provisions of crafting, including Uniform Domain Name Dispute Resolution Policy, finds our current mode relevant provisions of the domain names have a greater impact. Formally, the introduction of Chinas Supreme Peoples Court judicial interpretation and China Internet Network Information Center issued a Domain Name Dispute Resolution and Uniform Domain Name Dispute Resolution Policy exactly the same, but in the specific provisions on each file also has a greater difference . Objectively speaking, the introduction of the supreme law of judicial interpretation and Domain Name Dispute Resolution for the problems identified by the domain of tort liability provisions are still not perfect. In this paper, starting from the case, a detailed technical description of the domain name after the legal nature of the domain name, the domain name infringement types of interpretation. After that, through the analysis of relevant U.S. legislation on tort liability recognized domain contrast of relevant legislation, summed up the four elements of the domain name constitutes infringement. Finally,