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Applying Uniform Domain Name Dispute Resolution Policy To Resolve Disputes Regarding Internet Domain Names

Marko Jurić ; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska


Puni tekst: hrvatski pdf 208 Kb

str. 421-472

preuzimanja: 1.692

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Sažetak

The introduction of the system of domain names into the Internet architecture is a crucial step that has enabled the Internet to develop into the central global information-communication network. Domain names are texts which enable easy access to diverse Internet resources. Due to the crucial role in connecting the Internet user with all those who present themselves in any way via this global network, domain names are exceptionally valuable resources in economic terms as well, so that they are often object of disputes between persons who want to make profit by their possession and use. Most disputes concerning domain names involve cybersquatting, the registration of domain names containing a trademark (name) by a person who has neither the right nor justifiable interest to use it, with the aim of making profit from its use. In October 1999 the Internet Corporation for Assigned Names and Numbers (ICANN) passed rules on how to resolve disputes on domain names created as a result of cybersquatting – Uniform Domain Name Dispute Resolution Policy. These rules have had a central role in dispute resolution regarding domain names within the system of generic domains ever since.
The author discusses the system of Internet domains both from the technical and legal point of view. Reasons for dusputes about Internet domain names and the most common types of contentious situations are identified and different possibilities for their solution are discussed. The central part of the article analyses substantive and procedural rules in Uniform Domain Name Dispute Resolution Policy as the only mechanism for dispute resolution regarding Internet domain names which is globally applicable at the moment. The adequacy of these rules for dispute resolution is evaluated, some solutions are criticised and possible alternatives suggested.

Ključne riječi

Internet; domain names; UDRP; Uniform Domain Name Dispute Resolution; ICANN

Hrčak ID:

35525

URI

https://hrcak.srce.hr/35525

Datum izdavanja:

20.4.2009.

Podaci na drugim jezicima: hrvatski njemački

Posjeta: 4.074 *