Does domain name belong to copyright?
Domain name is not a copyright, but a type of intellectual property.
"Intellectual Property Law"
Article 38
Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:
(1) Using a trademark that is identical or similar to the registered trademark on the same or similar goods without the permission of the owner of the registered trademark;
(2) Selling knowingly Products that are counterfeiting registered trademarks;
(3) Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;
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(4) Causing other damage to the exclusive right to use registered trademarks of others.
Article 39
Infringements listed in Article 38 of this Law For one of the acts of registering the exclusive right to use a trademark, the infringed party may request the industrial and commercial administrative department at or above the county level for handling. The relevant industrial and commercial administrative department has the right to order the infringer to immediately stop the infringement and compensate the infringed party for its losses. The amount of compensation is the amount of the infringement. The profits gained by the person due to the infringement during the period of infringement or the losses suffered by the infringed party due to the infringement during the period of infringement. If the infringement of the exclusive right to use a registered trademark does not constitute a crime, the industrial and commercial administrative department may impose a fine. If the party concerned is dissatisfied with the decision of the industrial and commercial administrative department to order the cessation of infringing activities and impose a fine, he may file a lawsuit with the People's Court within fifteen days of receiving the notice; if he fails to file a lawsuit and fails to perform within the period of time, the relevant industrial and commercial administrative department shall apply to the People's Court for compulsory infringement. implement. Infringement of registered trademarksIf the right is used, the infringed party may also directly bring a lawsuit to the People's Court.
Article 40
Whoever counterfeits someone else’s registered trademark constitutes a crime, in addition to compensating the victim In addition to the losses suffered by the infringer, criminal liability shall be pursued in accordance with the law. If a person forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks, which constitutes a crime, in addition to compensating the losses of the infringed party, criminal liability shall be pursued in accordance with the law. Anyone who knowingly sells goods with counterfeit registered trademarks constitutes a crime. In addition to compensating the losses of the infringed party, he will also be held criminally responsible in accordance with the law
Article 30 Use of registered trademarks , who commits any of the following acts, the Trademark Office shall order him to correct or revoke his registered trademark within a time limit:
(1) Change the text, graphics or other features of the registered trademark on his own initiative Combined;
(2) Changing the name, address or other registration matters of the registered trademark voluntarily;
(3) Transfer the registered trademark on your own;
(4) Stop using it for three consecutive years.
How to deal with infringement of domain name registration
"Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names"
If the people's court determines that the registration and use of a domain name constitutes infringement or unfair competition, The defendant can be ordered to stop infringement, cancel the domain name, or order the plaintiff to register and use the domain name at the plaintiff's request; if actual damage is caused to the right holder, the defendant can be ordered to compensate for the loss. If the people's court determines that the domain name registration, use, etc. constitutes infringement or unfair competition and causes actual damage to the right holder, the people's court may order the defendant to compensate for the loss.
According to the relevant laws and regulations of our country, domain names are not copyrights, but a type of intellectual property rights. Unregistered trademark ownerWith a license, any use of a trademark that is identical or similar to its registered trademark on the same or similar goods will be deemed to be infringement. The above are the relevant answers provided to you by the editor of Legal Savior Network. If you have questions related to the law, you are welcome to consult the Legal Savior Network at any time.
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