Research on the Norms for Regulating Unfair Competition on Internet Networks - Focusing on Internet Domain Names and the Protection of Transactions on Internet Networks

Abstract

Internet networks have become new multi-media in the modern information age. Their developments have changed our way of life totally, and we can appreciate easily the convenience and advantages they bring to us. Electronic signature, e-mails and Internet shopping are good examples of them. Internet networks, however, also bring about quite a lot of legal questions that are difficult to tackle, for instance, the relation between internet domain names and trade marks & names; how to stop unfair competition on internet networks; and legal problems about advertising on the internet. These are all questions that deserve our attention.

Our government understands the importance of regulating unfair competition on the Internet. In particular, Fair Trade Commission of the Executive Yuan, in a joint effort to promote the regulation of Internet networks, proposes to explore the rules for regulating unfair competition on the Internet, focusing especially on Internet domain names and on the protection of transactions on the Internet. The subjects to be explored includes the following topics:(a) the legal characterization of internet domain names, and their relations with trade marks and corporate names;(b) whether registering a domain name (without actually operating it) a kind of use of trade marks and names under Article 20 of the R.O.C. Fair Trade Law; (c) whether similar internet domain names confusing and misleading to consumers.

The purpose of this research is to give answers to the above questions, putting extra stress not only on the legal characterization of internet domain names and their relation with other similar concepts, but also on the regulations for stopping unfair competition on the internet. The research method used will be a comparative research method, and we will compare foreign legal doctrine, legal theory, legal practice and regulations. The preliminary research schedule can be listed as follows:
(1) Collecting, marshalling and analyzing domestic materials and cases
(2) Collecting, marshalling and analyzing foreign and international materials
(3) Undertaking a comparative research and drawing up the bibliography
(4) Finishing the preliminary research and tendering an interim report
(5) Reaffirming the research outline and preliminary findings
(6) Drafting the final report and holding a seminar

The final report will be finished in due course. In this report, we will make concrete recommendations, hoping that they can help our government in decision making.