Law & Legal Studies

What is in a name? Deciphering domain name protection in India and Russia

What is in a name? Deciphering domain name protection in India and Russia

This paper assesses domain name legal protection, with the main point of reference being trademark law, as it is used as the legal mechanism in dealing with domain name dispute resolution.

Authors

Aneela Fatima, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.

Nikolaos Voutyrakos, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.

Summary

Ever since the advent of the internet and e-commerce, buying and selling of goods and services has become easier and more efficient. Although this has brought development, it has also given way to challenges in handling one’s intellectual capital, by allowing third parties to easily access and infringe intellectual property rights (IPR) through domain name infringement.

This paper assesses domain name legal protection, with the main point of reference being trademark law, as it is used as the legal mechanism in dealing with domain name dispute resolution. More specifically, this paper focuses on how two large economies, India and Russia, which have chosen to deal with domain name-related concerns and disputes, in light of the latest international developments in the field.

The two countries represent very distinct approaches towards domain name regulation, each with their merits and demerits, which the paper addresses, juxtaposes and evaluates.

Published in: International Journal of Intellectual Property Management (IJIPM),

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