域名与商标的权利冲突和国际法协调

近年来,随着电子商务的发展,域名潜在的商业价值及其与商标之间的特征差异,使得二者的权利冲突屡见不鲜。目前,国际上有几种典型的解决域名与商标权利冲突的立法模式,但各有侧重,存在着诸多不足之处。因此,通过加强国际合作、完善国内立法等措施,进一步改进二者权利冲突的解决机制是十分必要的。

On Conflicts of Right Between Domain Name and Trade Mark and the Coordination between the Two by International Law

In recent years,with the development of electronic business,the conflicts of right between domain names and trade marks have been increasing because of domain name's potential value and their different legal characters compared with trade marks.Although there are several typical legislative patterns on the settlement of conflicts in international society,some defects still exist in them.Consequently,it is important to improve the settlement mechanism on the conflicts of right between domain names and trade marks by strengthening international cooperation,perfecting internal law and so on.