Open AccessEXTRAJUDICIAL REMEDIES FOR THE RIGHT TO A DOMAIN NAME
Author(s) -
І. О. Коваленко
Publication year - 2020
Publication title -
teorìâ ì praktika ìntelektualʹnoï vlasnostì
Language(s) - English
Resource type - Journals
eISSN - 2519-2744
pISSN - 2308-0361
DOI - 10.33731/32020.216583
Subject(s) - trademark , competitor analysis , business , product (mathematics) , intellectual property , domain (mathematical analysis) , enforcement , the internet , domain name , law , computer science , political science , marketing , world wide web , mathematical analysis , geometry , mathematics
Today, each member of the business industry in one way or another presents his company, his product or services he provides on the World Wide Web. The main purpose of the company in the internet is to create and use its own website to provide information about their product and to find a potential buyer, as well as demonstrate their advantages and how they differ from their competitors. The main purpose of registeringa specific «domain name» is to create favorable (convenient) conditions for the buyer who wanted to get acquainted with the company or its range. After all, if a domain name is associatively similar to the name of an individual company, then it will be much easier for the buyer to find the website of such a company than through a search using search engines.Business representatives do not always succeed, especially if the name (trademark, brand) of the company is widely known, or if such a company has become a «victim» of unfair competition. This creates controversy over which parties are interested in resolving as quickly and cheaply as possible.This is greatly facilitated by the work of the World Intellectual Property Organization and a number of documents, among which the leading are «Principles for Dispute Resolution on Identical Domain Names» and «Principles of Uniform Rules for Dispute Resolution on Domain Names» (UDRP), adopted by ICANN. However, their analysis, as well as the analysis of law enforcement practice, allow us to speak not only about the effectiveness, but also about certain shortcomings of the proposed ICANN procedure for resolving disputes over domain names, which entail ambiguous dispute resolution practices.The analysis of the regulation of protection of rights to the domain name is carried out with the prescriptions of the «Principles for the resolution of disputes about the same domain names» and the «Uniform Domain Name Dispute Resolution Rules» (UDRP) adopted by ICANN. An attempt is made to highlight the advantages and disadvantages of an out-of-court procedure for resolving disputes over domain names and suggested possible ways to improve such a system in Ukraine.