What is the legal nature of the domain name
The legal nature of domain names is not clearly defined.
So far, no country has legislation on The legal nature of domain names is clearly stipulated, and the theoretical community has not reached a consensus on this issue. At present, the theoretical circles mainly have the following representative views:
(1) Rights to be determined
Before the domain name system itself is not yet mature and it is difficult to clearly deconstruct it, we can first pay attention to and study the impact of domain names on other rights and their relationship with them, and the resolution of domain name disputes. As for the domain name itself, Issues such as the legal nature and the status of rights related to domain names in the legal system should be put aside for the time being until conditions are sufficient.
(2) Rights Denial Theory
A domain name is just a network address code that is controlled and guaranteed to operate by technical specifications , it is not possible and unnecessary to grant any independent intellectual property rights to its owners. In other words, if an Internet domain name owner wants to make its domain name effective against other users, the only option is to convert it into a legally protected trademark or other logo.
(3) Debt theory
The person who obtains the domain name rights does not have exclusive effect in law and cannot against third parties, so the domain name is a debt of the registrant. The registration agency gives the registrant the right to use a specific domain name for a certain period of time. After the expiration of the period, the user can pay a fee to extend the use period. This is a contract to obtain the right of use for a fee. Therefore, what the applicant obtains through registration is only the domain name. It is a "right to use" for a certain period of time, not ownership. The registration agency can revoke the domain name if it fails to pay the fee or violates the statement in the domain name application.
(4) Intellectual Property Theory
Domain name rights belong to the category of intellectual property, but there are also major differences . Some scholars only point out that the domain name is a kind of intellectual property, but do not analyze its characteristics. Some scholars believe that the domain name is a commercial mark, or that the domain name holder enjoys "business identification rights" over the domain name, which prohibits others from counterfeiting it. right". More scholars believe that there is a difference between domain names and trademarks, and they are a brand-new type of intellectual property.
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