Law Updates And Consultation Papers Opinions and legal trends

The problem with DNS based disputes (Intellectual Property law)

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.

The Josh and Mak Team
If you are reading this, chances are we will become your favourite virtual law firm at some point. In an economy where businesses have lost their strategic edge and are forced to reconsider their traditional concepts of consulting bricks and mortar law firms, which bill by the minute, we can provide you with affordable quality legal advice, delivered anywhere in the world. Since 2010, our firm has already pioneered and adopted the concept of honest and practical legal advice, delivered straight to your email inbox. In the post Covid19 era, working with the Josh and Mak Team means that, you will get the same commitment, discipline and work ethic, without the heavy Bricks and Mortar and the financial baggage which comes with the latter. Let your choice to work with Josh and Mak International become your unfair strategic advantage over your business competitors of the past, present and the future!