论域名的法律性质

Research on the Legal Nature of Domain Name

域名本是与计算机的互联网协议地址相对应,用于识别和定位计算机的层次结构式的字符标识,然而,域名之上却承载着某种的利益。尽管因该种利益目前还没有被任何一个国家的法律承认为一种民事权利或知识产权而不能成为域名权利,但凡是通过合法途径获得域名的域名注册人的利益均普遍受到各国法律的承认和保护,换言之,通过合法途径获得的域名之上承载的利益属于未权利化的合法或正当利益,即域名权益。同时鉴于域名权益与知识产权的相似性,则可以进一步认为域名之上承载的利益应为一种类似于知识产权的新型民事权益。

Every computer on the Internet needs an address, which is called Internet Protocol Address（IP）, so that information can find its way to the right recipient. The IP is structured with thirty-two hit numbers and can＇ t be remembered easily by Internet users. For ease of use, domain names are originally used to map to the IP addresses. As everyonehows, there is some＇interests in domain names, which hasn＇ t been recognized by any country as akind of civil rights or intellectual property rights, hut such interests owned by domain name holder has been generally protected in the legal system ofany country. That is to say, although the interests in domain names is not recognized as a right, it is definitely legal interests -which is called interests in domain name. Meanwhile since there are some similarities between such interests and intellectual property rights, it could be concluded that such interests in a new kind of civil interests that is similar to intellectual property rights.