1. In view of the imperfection of the current domain name management system mentioned above, it is recommended that the Trademark Office provide relevant information to the domain name registration management agency, and The agency has established a comprehensive query system. When applicants apply for domain name registration, they can use this system to search whether the domain name they want to register conflicts with a registered trademark. For bona fide domain name registration applicants, this is a preventive measure to prevent them from falling into domain name disputes in the future, while for malicious applicants, this is also the first step to restrict or stop their squatting behavior. As for the inquiry fee, there is nothing wrong with it being paid by the applicant. After all, the inquiry fee is negligible compared with the dispute resolution fee that will be paid in the event of a dispute in the future. Which is more important? As a person with full capacity for civil conduct, the applicant has the right choice. premise. The continuous development and update of network technology also shows that establishing such an inquiry system is not far-fetched. After all, the establishment of UnionPay has set a precedent.
2. It can be seen from the new "Domain Name Dispute Resolution Measures" that domain name squatting disputes can be negotiated by both parties. The domain name registration agency, domain name dispute resolution agency or There are four judicial channels to solve the problem. At the same time, Article 28 of the "China Internet Domain Name Management Measures" also stipulates: "If the ruling made by the domain name dispute resolution agency is inconsistent with the legally effective judgment of the people's court or arbitration institution, the domain name dispute resolution agency's ruling The award shall be subject to the legally effective judgment of the people's court or arbitration institution." Although these provisions provide multiple ways for the parties to resolve disputes, none of them is presented to the parties through clear procedural rules. Once a dispute occurs, the parties have a choice. There is a kind of panic of "seeking medical treatment in an emergency", not knowing which way is more economical and convenient for you to choose. Therefore, it is recommended that the Ministry of Information Industry introduce specific feasibility procedures based on these rules so that parties can understand them in advance and reduce dispute resolution costs.
3. So far, there are no clear provisions on search engines in the law. It is recommended to add such provisions to relevant laws so that the infringed party can have legal action. You can follow this to protect your own rights and interests.
4. Since the country has not paid much attention to domain name squatting and search engine trademark infringement, it is recommended that China’s Ministry of Information Industry or CNNIC work together with the industrial and commercial administration agencies and the Trademark Office. , expand publicity and guidance in this area to help trademark owners protect national brands, enhance competitiveness, and better establish their own product image in the process of integrating with international standards.
5. Improve the effectiveness of domain name legislation and make it a matter of departmental regulationElevating it to law will make it easier to attract attention and bring into full play the value of domain name legislation.
