The Arbitrage for Settlement of Disputes of Domain Names – a Mechanism for Self-regulation of Relations on the Internet on the Occasion of Conflicts between Domains and Trademarks
Usage and protection of domain names in the field of civil and commercial turnover are becoming more important in the Digital Era and continuously growing economic activity of legal entities on the Internet. The lack of legal regulation and unified approach to solving disputes regarding internet domains rights, raises a number of significant questions that turn into a field of scientific interest and provoke this study. The established concept of 'arbitrage' (and derivative "arbitration") in the theory and practice, which refers in this case to resolution of disputes in collision domains and trademarks, has become a mechanism for self-regulation of the emerging from this interaction public relations.
This paper analyzes the legal nature of domain names, the specifics of the exercise of the subjective rights on domains and a comparison between the known means applicable to settlment of disputes related to domain names and trademarks. As a result of the present study it can be reasonably concluded that at the initiative of a third party having absolute trademark right, registrars of domain names have right to terminate unilaterally the agreement for use of the domain name signed by the registrant under certain conditions and in particular on the basis of a decision of the so-called“arbitration commission”.
The objective of this report is after highlighting the problems that self-regulation generates in resolving disputes of domains-trademarks that affect in many cases an interest with a high economic value and emphasize their public importance, to present the State's role as a regulator through the establishment of special legal regulations which should fill existing legal gaps and ensure a coherent approach in their settlement.
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