代写英文硕士论文-关于商标法与互联网域名的网络治理 INTERNATIONAL REVIEW OF LAW COMPUTERS
&TECHNOLOGY, VOLUME 16, NO. 2, PAGES 199–209, 2002
Internet Governance, Resolving the Unresolvable: Trademark Law and Internet Domain Names
YEE FEN LIM
ABSTRACT Issues of trademark law have frequently been raised in internet
domain name system disputes. The results have often seen the rights of the
trademark holder being upheld over others. Slowly, trademark law has been
extended beyond its pre-internet regime. This article examines the issues from an
inter-disciplinar y and pragmatic perspective and concludes that this is in fact an
unresolvable problem.
The tangled web of trademark law and internet domain names has grown more complex
as the world wide web has developed. As the case law on the area has increased
exponentially , so has activity of legislature s around the world. At the international level,
organizations such as the World Intellectual Property Organisation (WIPO) have also
added to the debate and discussion. This article will examine the issues and solutions
surrounding this debate. It will conclude by offering a possible solution, which although a
radical approach, will ensure an end to the endless deliberations.
Domain Name System Basics
The domain name system has become the accepted system of global navigation on the
internet. Every web page is given an ‘address’ called a Uniform Resource Locator (URL)
that, like addresses in the real world, must be unique if others are to locate it. The domain
name system essentially grew out of the ability of humans to remember and recall words
better than numbers. Domain names are often confused with electronic mail addresses and
uniform resource locators. A domain name is actually a part of each of these. For example,
in the e-mail address sam@mq.edu.au, the domain name is ‘mq.edu.au’. Similarly in the