Open AccessImplementing trademark law in domain name cases
Author(s) -
Bambang Pratama,
Besar,
M R D Rafii
Publication year - 2021
Publication title -
iop conference series. earth and environmental science
Language(s) - English
Resource type - Journals
eISSN - 1755-1307
pISSN - 1755-1315
DOI - 10.1088/1755-1315/729/1/012084
Subject(s) - trademark , intellectual property , convention , trips agreement , business , argument (complex analysis) , domain name , law , trips architecture , political science , the internet , law and economics , computer science , sociology , world wide web , biology , biochemistry , parallel computing
The development of trademark regulations in Indonesia has analogous with trademark convention, namely: Paris Convention (1883), WIPO (1967), GATT (1994), WTO (1995), and TRIPS (1994). The convention has an impact on the trademark legal system of the participant countries. In the Internet era, the domain name is one of the major discussions related to trademark protection. The concept of trademark protection is closely related to consumers’ perceptions as the user based on perception theory. The perception concept on trademark certainly can be used to claim the domain name as a trademark. Referring to the form of violation from World Intellectual Property Organization (WIPO), at least seven types of violations can be used as an argument on domain name cases. However, in practice, they are dissent arguments when applying the trademark concept for the domain name because of the different type of registration. To describe the gap between the conceptual approach and practice, this paper tries to show a conceptual background related to trademark regulation. This paper aims to describe the holistic overview of trademark regulation and the concept of protection. This paper finds that there are several legal fields related to trademark law and type of violation. Those can be useful as a guide to solve domain name cases.