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Current State of Domain Name Regulation: Domain Names as Second Class Citizens in a Mark-dominated World


ISBN13: 9780415477765
Published: June 2010
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: Hardback
Price: £150.00
Paperback edition , ISBN13 9780415631587



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This book looks at the topic of domain names, evaluating the behaviour of domain names within the rule of law as well as their regulatory frameworks.

The book explores the philosophical, procedural, economical, theoretical and scientific contexts which affect the current legal status of domain names, and analyses the current system of adjudication of disputes concerning domain names.

The book looks at the similarities between domain names and trade marks, and how this can be used to determine the property nature of domain names. Drawing on experience from various jurisdictions, including that of the US, Konstantinos Komaitis uses this theory of domain names as property to suggest solutions as to how the regulation of domain names can be reformed.

Subjects:
IT, Internet and Artificial Intelligence Law
Contents:
1. Introduction Part 1: Issues of Authority
2. Regulating Cyberspac
e 3. The Authority of the Uniform Domain Name Dispute Resolution Policy (UDRP)
Part 2: Issues of Precedural Justice
4. ICANN’s UDRP Procedural Unfairness
5. Principles of Procedural Justice in the Context of the UDRP
6. Domestic Legislation: A Viable Alternative to the UDRP?
7. The UDRP and ACPA: Two Systems with no Right Answers to Domain Name Disputes
Part 3: Substantive Justice
8. Legal Nature of Trade Marks
9. The Legal Nature of Domain Names
10. Conclusionon