What is the commercial value and legal nature of domain names
A domain name is a hierarchical structure of characters used to identify and locate computers on the Internet An identifier that corresponds to the computer's Internet Protocol IP address. Because IP addresses lack intuitiveness and are inconvenient to remember, domain names were created.
The domain name mainly consists of English letters, numbers, periods and other It is composed of special symbols and is automatically mapped to the IP address through analysis, so that the computer you want to access can be found. The original intention of designing domain names was to express distinction, but with the development of technology, domain names have generated commercial value. Whether a domain name can become a right or a new type of intellectual property is still controversial in academic circles.
The legal nature of the domain name
my country's In judicial practice, domain names are not given a specific and clear definition, but are regarded as a kind of civil rights and interests of the parties involved. Domain name was originally an identification symbol on the Internet. It has a similar function to a trademark. It can meet the needs of identifying different online business activities.
Therefore, the owner of the domain name will carry out certain publicity and packaging to generate and develop the identifying function of the domain name, and also The economic value of the domain name can be realized. Therefore, whether the registrant of the domain name carries out online business activities in the domain name or only provides information services, the domain name has commercial value and becomes a business operation identifier, so the domain name has intellectual property rights. Attributes. Domain names are very different from traditional intellectual property rights such as trademarks and trade names. For example, domain names are only transferable, not licensed, etc.
"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"
Article 8 The People’s Court determines that domain name registration and use constitute infringement or unfair competition If it causes actual damage to the right holder, the defendant may be ordered to stop infringement, cancel the domain name, or order the plaintiff to register and use the domain name at the request of the plaintiff; if it causes actual damage to the right holder, the defendant may be ordered to compensate for the loss.
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