EXERCISING THE RIGHT TO A DOMAIN NAME: CERTAIN PROBLEMATIC ISSUES

Abstract

It was determined that the issues of implementing the right to a domain name concern: clarification of the legislative definition of a domain name, improvement of the legal procedure for implementing the specified right; issues of the judicial procedure for considering disputes arising in connection with the implementation of the right to a domain name.

The article is devoted to highlighting individual problematic issues of implementing the right to a domain name, developing proposals for improving the current legislation.

The works on the general issues of implementing and protecting intellectual property rights, including trademark rights, are analyzed, in particular the works of such scientists as: G. O. Androschuk, A. O. Kodinets, O. V. Kokhanovskaya, N. M. Myronenko, O. P. Orlyuk,
O. D. Svyatotsky, E. O. Kharytonov, O. R. Shyshka and some others. The works on the direct issues of domain names are studied: O. M. Andrusenko, N. M. Bulat, O. M. Voloshchenko, V. I. Hrytsay, O. M. Korshakova, O. M. Skazko.

It is substantiated that one of the problematic issues in the above cases is the study of evidence, in particular the expert's opinion on individual issues of domain name use. Emphasis is placed on improving the legal status of the Supreme Court on intellectual property issues. Attention is paid to the issue of distinguishing the concepts of "website", "domain name", "trademark".

Current measures to address this issue can be systematized into: organizational (creation of additional registers and databases, expanding the possibilities of using alternative dispute resolution methods), factual (ensuring the work of the Supreme Court on intellectual property issues), legislative (clarifying the legislative definition of a domain name, regulating the legal status of the domain name registry) and some others. Among them, it is worth identifying the priority of ensuring the work of the Supreme Court on intellectual property issues, as well as expanding the possibilities of using alternative dispute resolution methods.