The Current State of Domain Name Regulation


Book Description

In this book Konstantinos Komaitis identifies a tripartite problem – intellectual, institutional and ethical – inherent in the domain name regulation culture. Using the theory of property, Komaitis discusses domain names as sui generis ‘e-property’ rights and analyses the experience of the past ten years, through the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Anticybersquatting Consumer Protection Act (ACPA). The institutional deficit he identifies, generates a further discussion on the ethical dimensions in the regulation of domain names and prompts Komaitis to suggest the creation of an environment based on justice. The relationship between trademarks and domain names has always been contentious and the existing institutions of the UDRP and ACPA have not assisted in alleviating the tension between the two identifiers. Over the past ten years, the trademark community has been systematic in encouraging and promoting a culture that indiscriminately considers domain names as secondclass citizens, suggesting that trademark rights should have priority over the registration in the domain name space. Komaitis disputes this assertion and brings to light the injustices and the trademark-oriented nature of the UDRP and ACPA. He queries what the appropriate legal source to protect registrants when not seeking to promote trademark interests is. He also delineates a legal hypothesis on their nature as well as the steps of their institutionalisation process that we need to reverse, seeking to create a just framework for the regulation of domain names. Finally he explores how the current policies contribute to the philosophy of domain names as second-class citizens. With these questions in mind, Komaitis suggests some recommendations concerning the reconfiguration of the regulation of domain names.




International Domain Name Law


Book Description

The Domain Name System (DNS), which matches computer addresses to human-friendly domain names, has given rise to many legal issues. Two important issues are the institutional arrangements for governing the DNS and the use of trade marks as domain names. This book is the first complete statement of this rapidly-evolving area of the law. In particular, the book includes a comprehensive statement of decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP), the international system for resolving disputes between trade mark owners and domain name registrants. In this path-breaking work the author examines the extent to which principles of national trade mark law have been used in UDRP decisions. It will be essential reading for anyone, whether academic or practitioner, interested in internet law, intellectual property, and e-commerce law.




Intellectual Property on the Internet


Book Description

Report ... addresses the far-reaching impact that digital technologies, the Internet in particular, have had on intellectual property (IP) and the international IP system.




A Practical Guide to the Law of Domain Names and Cybersquatting


Book Description

This book provides trade mark attorneys, in-house lawyers and private practice solicitors with practical advice on how to avoid domain name disputes in the first place and best practice in taking action when disputes do arise.




INTELLECTUAL PROPERTY RIGHTS


Book Description

Creations of mind can vary in its form—from a brilliant thought to a gizmo gadget to a popular fiction—all come under the legal term called Intellectual Property. In the world of upheaval technology, where information on anything and everything is freely available and accessible, guarding these intellectual properties legally becomes a prerequisite. This book comprehensively discusses how to manage and secure the intellectual property and the legal norms associated with it. The book begins with introducing the concepts related to Intellectual Property and the WTO Agreement. The following chapters explain various types of Intellectual Property Rights such as Patents, Copyrights, Trade Marks, Industrial Designs, Integrated Circuits, and Geographical Indications. These chapters also provide in-depth and detailed insight on regulations and procedures for protection of Intellectual Property Rights. The book further explicates the creation of Intellectual Property and spells out the conceptual framework for creativity and innovation. Management of Intellectual Property is as important as its creation, and therefore the concluding chapters describe the activities for management and commercialization of Intellectual Property Rights, and the emerging issues surrounding them. Two separate cases have been added at the end of the book, to provide an analytical insight of the subject to the students. The book is meant for the undergraduate and postgraduate students of management and technology. Besides, the book can be useful for the undergraduate students of law as a ready reference.




Australian Domain Name Law


Book Description

This ground-breaking book is the first complete statement of Australian domain name law. Domain name law is a rapidly-evolving area of the law which concerns the contested rights of parties to registered domain names. While the Uniform Domain Name Dispute Resolution Policy (UDRP) provides the international legal framework, local authorities are responsible for dispute resolution concerning country code top-level domains (ccTLDs). In Australia, the relevant local policy governing .au domain name disputes is the .au Dispute Resolution Policy (auDRP). This pioneering work provides the first comprehensive statement of auDRP decisions, from the inception of the policy in 2002 to date. In this detailed work, the author examines the Australian and international regulatory frameworks for internet domain name disputes, the procedural rules which exist under the auDRP, and importantly, the substantive elements that must be established in order to bring a successful complaint under the auDRP. By examining auDRP decisions to date, this work aims to articulate some of the emerging themes arising under this relatively new area of Australian law. This book is at once scholarly, instructive, educational, and practical. It is essential reading for academics, practitioners, students, and all those interested in Australian domain name law and disputes, internet and e-commerce law, and intellectual property law.




Research Handbook on Intellectual Property Rights and Arbitration


Book Description

The Research Handbook on Intellectual Property Rights and Arbitration explores the complementary relationship between state court adjudication and arbitral proceedings in the context of intellectual property rights. Presenting contemporary research and insight into the scholarly debates on the topic, it provides a comprehensive overview of arbitrating intellectual property disputes on an international scale.




Choosing the Right Domain Name


Book Description

A guide to choosing the right domain name for your organization, business, product or brand




Internet Domain Name Trademark Protection


Book Description




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