Authors: Moe Alramahi
Addresses: The Robert Gordon University, Aberdeen, UK
Abstract: Rights over Domain Names (DNs) arise from the contract that governs the relationship of the DN registrant with the registrar (the entity that undertakes DNs registration on the internet). Additionally, rights may also be established under Intellectual Property Rights (IPRs) created and governed by the statute concerned. This paper provides a comparative analysis of DNs protection in the field of intellectual property law. Focus is centred upon the study of the Israeli and Palestinian law. The purpose of this study is to find out the similarities and differences between the two legally recognised rights in a case of infringement and simultaneously between those two rights in the Israeli and Palestinian jurisdictions. In order to achieve such a purpose, the DN|s legal status and dispute treatment will be underlined. A comparison of the instrument and means of protection will follow. The research will deal with the various aspects of infringement, paying particular attention to the problems of the adequacy of trademarks law to internet DNs and the difficulties encountered in both jurisdictions.
Keywords: domain name systems; DNS; dispute resolution policies; trademark disputes; unfair competition laws; Israel; Palestine; internet domain names; intellectual property law; domain name protection; trademarks.
International Journal of Technology Transfer and Commercialisation, 2008 Vol.7 No.1, pp.91 - 103
Available online: 18 Jun 2008 *Full-text access for editors Access for subscribers Purchase this article Comment on this article