域名抢注的立法分析

Legislative Analysis of the Rush Registration of Realm Names

不当域名抢注与民商事活动诚实信用、公平交易等原则直接相违 ,有待早日纳入我国高位阶立法的规范之中。域名在区别于传统知识产权客体一般标识性权利的同时也存在冲突 ,需要相应的细化立法救济 ,需要以侵犯商标在先权作切入加强有法可依的立法保护。在设计有形立法规则之时需注意利益兼顾 。

Inappropriate rush registration of realm names directly disagrees with the principle of good faith and fair dealing in civil and commercial affairs,awaiting to be brought into standard of high ranking legislation at an early date.Realm name differs from common identified right holding by the object of traditional intellectual property right.And meanwhile,there exists also conftict in different realm names,which requires corresponding remedy of subdivisional legislation and also requires to strengthen legislative protection by pitching in the infringement upon right of trademark precedence so that there is law to abide by.During designing visible legislative rule,attention must be paid to take the interests of both sides into account and to the reasonable condition for objectively quantizing behaviour of rush registration.