
Cybersquatting as a violation of intellectual property rights
Author(s) -
S. B. Buletsa,
A. V. Tegza
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu
Language(s) - English
Resource type - Journals
ISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.67.11
Subject(s) - trademark , intellectual property , legislation , business , damages , harm , law , political science
The scientific article conducted a study of the legal basis of cybersquatting in Ukraine, the current legislation of Ukraine and the EU in the field of anti-cybersquatting and legal doctrine. Cybersquatting has become one of the most serious problems faced by companies working with consumers. It consists in the unfair registration, sale or use of a domain name of another's trademark with the intention of making a profit. Scammers often use the most common mistakes in spelling domain names, trademarks and color schemes of existing companies to mislead consumers. International methods of combating build an effective strategy to prevent most violations in the future, but innovations in tracking and prevention systems still need to be further improved, as it is difficult to limit their effects to a specific violation alone. After analyzing the UDRP as a procedure, we can conclude that it contains not only rules, substantive and procedural, but also is an autonomous source of regulation, which gives this procedure a non-state character. Based on the study for Ukraine, the authors of the article propose the adoption of anti-cyber quoting legislation, which would largely solve the problems caused by attempts to adapt traditional legal principles without harm and with their full preservation. The law should clearly enshrine the right of domain name holders to recover damages from anyone who registers and promotes a domain name owned by another company for resale. In addition, it is necessary to improve the existing out-of-court system of protection in the field of protection against cybersquatting, in particular by placing on the official website a column with a protection algorithm for pre-trial investigation, which would significantly reduce the number of lawsuits.