What is the commercial law protection of domain name transactions
Domain name transactions are mainly regulated by the Civil Code. Although the Civil Code The sub-provisions of the Code do not specifically provide for domain name transactions, but the contents of its general provisions still apply. At the same time, you can also refer to the content regarding trademark transfer and licensing in the Trademark Law.
The main forms of domain name transactions include transfer and licensing , cooperation, etc.
Transfer: As the transferor of the original registrant of the domain name Transfer the ownership of all its registered domain names to the transferee for a fee. After the transfer, the transferor loses the original registered domain name and obtains the transfer fee; the transferee obtains the registered domain name and shall pay the transfer fee in advance. This form of transaction is the most common.
License: The licensor, as the original registrant of the domain name, grants all the rights to use the registered domain name to the licensee for a fee. After licensing, the licensor still retains ownership of the domain name, but loses the right to use the domain name and obtains usage fees; the licensee obtains the right to use the domain name and shall pay usage fees.
Cooperation: Domain name registrants invest all their domain names as intangible assets in cooperative operations with others to obtain return on investment method.
"The Supreme People's Court's Notice on Trial Involvement Interpretation of Several Issues Applicable Law in Computer Network Domain Name Civil Disputes Cases"
Article 8 If the people's court determines that the registration or use of a domain name constitutes infringement or unfair competition, it may order the defendant to stop the infringement, cancel the domain name, or order the plaintiff to register and use the domain name at the request of the plaintiff; to the right holder If actual damage is caused, the defendant may be ordered to compensate for the loss.
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