This article is dedicated to negative consequences of domain's name legal status fastening in Russian courts. Changes which are offered for "Law on Trademarks, Service Marks, and Names of Places of Origin of Goods" legal act, qualify the name of the domain as a trade mark used in the Internet.
Author's opinion is that the name of the domain is an independent object of individualization and only in some cases web-site domain name, used in commercial purpose, can be recognized as "commercial designation" (aka "business enterprise identifier") of sui genris for site-owner.
Changes which are offered in Russian law, contradict WIPO"s positions and practice of "domain" disputes consideration in WIPO's Arbitration and Mediation Center.
In case of fastening in the law position that "domain name is a kind of a trade mark used in the Internet" the sanction of the "domain" disputes, concerned with others, not a trade mark individualization assets, becomes in Russia inconvenient and ineffective.
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Original URL — http://imsconference2002.spbu.ru/02-eng1f17.html |