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The study of this thesis is due to that following the rise of internet, the e-commerce grows vigorously, and the events that some enterprises use the identical or similar words of trademarks to register domain names gradually happen, so as to cause conflicts between the domain name registrants and the trademark owners. To resolve such disputes, the Taiwan Network Information Center Domain Name Dispute Resolution Policy (the Policy) is taken as the main norm, which makes the trademark owners may seek remedy from the Science & Technology Law Institute (STLI) of the Institute for Information Industry and the Taipei Bar Association (TBA). However, this Policy still failed to address which court has the jurisdiction, who could be the defendant, which type of lawsuit should be instituted and which cause of action should be pursued when the registrants of domain names or the trademark owners wish to contradict the decision to such disputes. Therefore, the nature of the Policy, the nature of the decisions to such disputes, the relationships between the decisions and the current judicial system as so on are the premise to resolve the disputes between the domain names and registered trademarks. This thesis will individually discuss the legal remedies available to the registrants of domain names and the trademark owners when they wish to contradict the decision to such disputes. With regard to the legal remedies for the registrants of domain names, the study is centered on the decisions to domain name disputes made by Taiwanese Courts. In regard to the legal remedies for the trademark owners, their claims mostly based on subparagraph 2, Article 70 of Taiwanese Trademark Act; however, after the term "trademark" in this article is amended to ''famous trademark", three issues need to be analyzed and discussed. What will be the legal basis for the owner of a non-famous trademark to establish the relationship between the "use" of the trademark and the registration of a domain name with the identical or similar words? Is the term "famous trademark" in Article 70 equivalent to the term "famous trademark" in Article 30? Is it reasonable to deal with domain name disputes with Article 70 of Taiwanese Trademark Act in the court proceedings? This thesis will also analyze and review foreign related cases and provisions dealing with domain name disputes, including Uniform Domain Name Dispute Resolution Policy, Rules for Uniform Domain Name Dispute Resolution Policy, the Lanham Act (US Federal Trademark Law), Federal Trademark Dilution Act, and Anti-cybersquatting Consumer Protection Act of 1999, and the National Top Level Domain Name Dispute Resolution Policy of the China Internet Network Information Center, Chinese Domain Name Dispute Resolution Policy (trial) and relevant juridical interpretations. Then, this thesis will compare such foreign laws with the Taiwan Network Information Center Domain Name Dispute Resolution Policy and Taiwanese Trademark Act. Finally, based on the foregoing studies, the thesis will propose interpretation and legislation theories targeting on the Taiwan Network Information Center Domain Name Dispute Resolution Policy, Rules for the TWNIC Domain Name Dispute Resolution Policy and Subparagraph 2, Article 70 of Taiwanese Trademark Act. This study aims to make a balance between the benefits of the trademark owners and the registrants of domain names, the legal remedies for the trademark owners and the registrants of domain names contradicting to the decisions made by the Domain Name Dispute Resolution Service Provider, in order to realizing procedural justice as well as concrete and refined related regulations, so the results of judgments will be predictable and able to serve as references for people who are preparing to register domain names, so as to prevent related disputes.
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