ALTERNATIVE RESOLUTION OF DOMAIN NAME DISPUTES AND TRADEMARK LAW
ALTERNATIVE RESOLUTION OF DOMAIN NAME DISPUTES AND TRADEMARK LAW

Summary/Abstract: The subject of this paper is the alternative resolution of disputes between holders of trademarks and Internet domain names. The authors first set out the fundamental differences between trademarks and domain names and explain situations in which disputes between the holders of these two rights arise. The system of judicial dispute resolution is then presented, including its shortcomings and deficiencies. Special attention is devoted to the analysis of both the substantive and the procedural rules of the UDRP and of the Rulebook on the Procedure for Resolving Disputes Concerning the Registration of Internet Domain Names and Trademarks. In the part dealing with the legal nature of alternative dispute resolution proceedings, the authors explain the differences between these proceedings and commercial arbitration, including international investment disputes. Particular emphasis is placed on the procedure before the Commission for Resolving Domain Name Disputes in the Republic of Serbia, noting that our system is fully compatible with the system governed by the UDRP rules. It is concluded that, despite all its limitations, the model of alternative dispute resolution currently has no alternative, but that its rules should be periodically refined. Finally, the author argues that legislative amendments should abolish the possibility of bringing court proceedings after the completion of arbitral proceedings and that, instead, a possibility should be introduced to have these decisions reviewed in administrative proceedings.

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