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Vol 21 No 10 Oct/Nov 2016

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Domain Name Law and Practice: An International Handbook 2nd ed

Edited by: Torsten Bettinger

ISBN13: 9780199663163
Previous Edition ISBN: 0199278253
Published: November 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £275.00



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An established authority in the field, this work provides comprehensive analysis of the law and practice relating to internet domain names at an international level, combined with a detailed survey of the 35 most important domain name jurisdictions worldwide, including the US, UK, Germany, France, Italy, Netherlands, Japan, China, Singapore, Russia, Canada, and Australia, and new chapters on Israel, Mexico, South Korea, Brazil, Colombia, Egypt, Portugal, and South Africa. The survey includes extensive country-by-country analysis of how domain names relate to existing trade mark law, and upon the developing case law in the field, as well as the alternative dispute resolution procedures. In its second edition, this work analyses, in depth, key developments in the field including ICANN's new gTLD program. The program, introducing many new top-level domains, will have far-reaching consequences for brand name industries worldwide and for usage of the internet. The complicated application process is considered in detail as well as filing and review procedures, the delegation process, the role and function of the Trademark Clearing House and the Sunrise and Trademark Claims Services, dispute resolution, and new rights protection mechanisms.

Other developments covered include new registration processes such as the use of privacy and proxy services, as well as the expansion of the scope of internationalized domain names, including the addition of a number of generic top-level domains such as ".tel" and ".travel". Also considered are developments relating to the Uniform Domain Name Dispute Resolution Policy (UDRP) in terms of the nature of cases seen under the Policy and the number of cases filed, as well as the recent paperless e-UDRP initiative. The Uniform Rapid Suspension System, working alongside the UDRP in the new gTLD space, is also discussed in a new chapter on this process. Giving detailed information about the registration of domain names at national, regional and international levels, analysis of the dispute resolution processes at each of those levels, and strategic guidance on how to manage domain names as part of an overall brand strategy, this leading work in international domain name law is essential reading for practitioners in the field.

Subjects:
Information Technology Law
Contents:
Introduction

PART I - THE DOMAIN NAME SYSTEM
A. The Structure and Organization of the Domain Name System
B. Organizational structure and functions of the Internet Coporation for Assigned Names and Numbers (ICANN)
C. Registration Procedures and Dispute Resolution for the original gTLDs
D. ICANN's New gTLD Program
E. Country Code Top Level Domains (ccTLDs)
F. The European Top Level Domain ".eu"
G. Domain Name Industry
H. Corporate Domain Name Management
I. Statistics

PART II - NATIONAL LAW PROTECTION SYSTEMS
Australia
Austria
Belgium
Brazil
Canada
China
Colombia
Czech Republic and Slovakia
Denmark
Egypt
Finland
France
Germany
Greece
Hong Kong
India
Ireland
Israel
Italy
Japan
Mexico
Netherlands
Norway
Poland
Portugal
Russian Federation
Singapore
South Africa
South Korea
Spain
Sweden
Switzerland
Turkey
United Kingdom
United States

PART III - DISPUTE RESOLUTION PROCEDURES
A. Uniform Domain Name Dispute Resolution Policy and Procedure
B. Alternative Dispute Resolution for .EU
C. Trademark Clearing House, Sunrise Procedures and the Trademark Claims Service
D. Trademark Post-Delegation Dispute Resolution Policy
E. Other Policies Applicable to gTLD spaces

PART IV - THE JOINT RECOMMENDATION
The Joint Recommendation Concerning Provisions on the Protection of Marks and Other Industrial Signs on the Internet

PART V - COUNTRY OVERVIEWS
Table of Country Overviews