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The introduction of the DNS as a new language has made the use of cyberspace simple and readily available, but  has consequently caused the issue of domain name conflicts in relation to intellectual property rights, because domains in the network, in the same fashion as trade marks, serve to distinguish products and services from similar ones existing or being marketed in cyberspace.The use of the internet for carrying out business activities has meant that domain names behaving in the same mode as trade marks do in the market function as copyrights which identify their creators, individual displays or ideas, hence problems emerge with copyrights resolution, which need to be legislatively addressed, especially in Pakistan. The main problem of domain names in relation to intellectual property in Pakistan, is that they lack strict classifications and regulations of registration that are internationally acknowledged. Since regulating an international communication system under territorial jurisdictions is difficult, the problem becomes more compelling, especially in cases and under circumstances in which domains may be conducive to any confusion due to similarity, as trade marks do, because any variation in their structure creates a new address. Furthermore, the use of generic and descriptive words is not restricted in the cyberspace, as it is in trade mark law.

By The Josh and Mak Team

Josh and Mak International is a UK and Pakistan-based law firm with a clear vision based on a zeal for legal excellence. As, one of the top law firms in Pakistan, listed in the Legal500, we provide not just the best legal services in Islamabad, but work closely with our private and corporate clients to ensure delivery of the highest level of legal representation.

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