Domain Name Law and Practice
An International Handbook
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 26 November 2015
- ISBN 9780199663163
- Binding Hardback
- No. of pages1696 pages
- Size 247x182x57 mm
- Weight 1942 g
- Language English 0
Categories
Short description:
An established authority for lawyers seeking to advise on or enforce their clients' rights within the domain name system, Domain Name Law and Practice, in its second edition, provides comprehensive, reliable analysis, fully updated to cover additional national jurisdictions and a wealth of information concerning ICANN's new gTLD launch.
MoreLong description:
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 36 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, 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 more than 700 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.
This book is the leading authority on our contemporary domain name regime. There is no parallel book that provides such an extensive and illuminating inquiry into the procedural and legal aspects of protecting domain names ... This volume is of vital contribution to the study of domain name systems and the general development of law and procedure in interconnected environments.
Table of Contents:
Preface
Part I - The Domain Name System
The Structure and Organization of the Domain Name System
Organizational structure and functions of the Internet Coporation for Assigned Names and Numbers (ICANN)
Original gTLDs: Registration Procedures and Dispute Resolution
New gTLDs
Country Code Top Level Domains (ccTLDs)
The European Top Level Domain ".eu"
Domain Name Industry
Statistics
Part II - National Law
Australia
Austria
Belgium
Brazil
Canada
China
Czech Republic
Denmark
France
Germany
Greece
Hong Kong
India
Ireland
Israel
Italy
Japan
The Netherlands
Norway
Poland
Portugal
Russian Federation
Singapore
South Africa
South Korea
Spain
Sweden
Switzerland
Turkey
United Kingdom
United States
Part III - Rights Protection Mechanisms
A. Rights Protection Mechanisms for new gTLDs
Rights Protection against Applications for a new gTLDs (Pre-Delegation Dispute Resolution)
New gTLD Dispute Resolution Procedure
String Confusion Objection
Legal Rights Obligation
Public Interest Objection
Community Based Objections
Rights Protection against the operation and use of new gTLDs by the Registry Operator (Post-Delegation Dispute Resolution)
Trademark Post-Delegation Dispute Resolution Policy (PDDRP)
Registry Restrictions Dispute Resolution Procedures (RRDRP)
Public Interest Commitments Dispute Resolution Procedure (PICDRP)
Rights Protection against the Registration and Use of Domain Names within a new gLTD
Trademark Clearing House, Sunrise Procedures and the Trademark Claims Service (TMCH)
Uniform Rapid Suspension System (URS)
Sunrise Dispute Resolution Policy
Registry Specific Rights Protection Mechanisms (DPML)
B. Rights Protection Mechanisms for all gLTDs
Uniform Domain Name Dispute Resolution Policy and Procedure (UDRP)
Other Consensus Policies
gTLD Specific Dispute Resolution Procedures
C. Rights Protection Mechanisms for ccLTDs
Alternative Dispute Resolution for .EU
Alternative Dispute Resolution Procedures for ccTLDs
UDRP for ccTLDs
ccTLD Specific Dispute Resolution
Part IV - Joint Recommendation
Table of Country Overviews
Table of Country Overviews
