Infringement of certain parties’ rights by registering a domain name. Alternative means for disputes settlement Cover Image
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încălcarea drepturilor unor terţe persoane prin înregistrarea unui nume de domeniu. mijloace alternative de soluţionare a litigiilor
Infringement of certain parties’ rights by registering a domain name. Alternative means for disputes settlement

Author(s): Mihaela Maravel, Crenguţa Leaua
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: a priori protection of internet domain names; a posteriori protection of internet domain names; UDRP procedure; eu. domain name procedure.

Summary/Abstract: In the article the breach of the rights of third parties by registration of an Internet domain name is analyzed, through the perspective of an a priori possible protection as well as through the perspective of an a posteriori protection. In the latter case, the possibility to go to the courts of law, which used in solving such cases either the means conferred by the intellectual property law, or the means conferred by the common ground law, as well as the possibility to use the alternative means to solve the disputes is analyzed. The possibility to use the alternative dispute resolution is also analyzed, with a special view on the procedure provided by the Uniform Domain Name Dispute Resolution Policy (UDRP) which was applied with regard to the litigation on .ro domain names also. In the context of analyzing the UDRP procedure the legal ground of the procedure, the field of application, the possible sanctions, the costs, the steps of the UDRP procedure are analyzed. Also the alternative dispute resolution regarding the .eu domain name is briefly analyzed.

  • Issue Year: 2012
  • Issue No: 02
  • Page Range: 112-126
  • Page Count: 14
  • Language: Romanian