With reference to the judicial and non-judicial procedures used to resolve conflicts arising from the use of domain names, most of the countries where a Network Information Centre (NIC) or domain administrator is established have very similar intellectual property laws that meet international standards, so in cases where the domain name is considered to violate trade mark laws, the procedure in different countries is very similar. When addressing the challenges to existing intellectual property rules that accompany the emergence of any new medium of communication, such as the Internet, it is important not to mischaracterise the injury suffered by the intellectual property holder. In this regard, it is important to ask whether the complainant’s intellectual property right have been infringed at all. When examining intellectual property claims in domain names, for instance, one must be aware of the great multitude of ways in which domain names can be put to use or for that matter, ‘abuse’.
Need further legal advice? Email us for a one-time free consultation at firstname.lastname@example.org