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英文硕士论文-国际知识产权法律在国际化域名系统中的研究-Territorialism versus Universali

法律英文硕士论文Territorialism versus Universalism:International Intellectual Property Law in the Internationalized Domain Name System
Hong Xue
University of Hong Kong
This paper explores how the present international intellectual property law can be applied to
resolve the new conflicts arising from the internationalized domain name system (DNS), in
which non-Latin characters are permissible for direct use in domain names. It also analyzes
the two approaches to address this issue: one approach that territorializes the rights and
disputes on the borderless Internet, and another that universalizes the rights on the global
medium. By presenting a comprehensive study with respect to the relevant international
intellectual property law and practices, this paper attempts to research whether a balanced
solution to the conflict between the legal system and the technical system could be sought out
through maintaining the principle of territoriality of intellectual property protection, and it
also examines the alternative procedure built in the DNS for the resolution of intellectual
property controversies, namely the Uniform Domain Name Dispute Resolution Policy, and
assesses whether the alternative procedure that actually supersedes the principle of territoriality
is consistent with the existing international intellectual property law and interoperable
with the internationalized DNS.
Keywords internationalized domain names; territorialism; Uniform Domain Name Dispute
Resolution Policy
Introduction
The Internet, which is the basic global information infrastructure, was first started
and developed from ARPANET in the United States. Naturally, the Internet
acquired its primary language from its ‘‘homeland’’. However, English dominance
results in language barriers in non-English speaking countries and for non-English
speaking users. This has contributed to a digital divide between English and non-
English speaking countries or communities. In turn, in some non-English speaking
countries or communities this has limited the ability to fully maximize the Internet
for information access and economic growth.
A variety of technologies have been deployed to overcome the language barriers
on the Internet. The widespread use of the World Wide Web makes non-English
content available online. By the end of March 31, 2005, the number of the world
Internet users reached 888,681,131, and Asia has become the continent with the
largest Internet population.1 Not surprisingly, the culture of the Internet has
changed. By the end of March 2005, the top 10 languages used on the Internet
The Journal of World Intellectual Property (2006) Vol. 9, no. 1, pp. 1–24
r 2006 The Author
Journal Compilation r 2006 Blackwell Publishing Ltd 1
were English, Chinese, Japanese, Spanish, German, French, Korean, Italian,



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