Concept of Domain Name Dispute

Concept of Domain Name Dispute

Domain names are registered by organizations, enterprises and individuals for the purpose of expressing their legitimate rights and interests on the Internet, thereby contributing to promoting their organization, products and services and conducting Commercial and non-commercial activities in the global Internet environment.

Domain names that operate on the network must meet a number of requirements in which the most important is the uniqueness of the domain.

Domain name conflicts occur in the case of a domain registration proceeding and it is discovered that this domain has been used by another entity. There are two reasons for this situation.

first , while the laws of other countries recognize the coexistence of trademarks and services as between countries, the domain name system in the world as well as in each country only accept the uniqueness of a specific domain. Therefore, the possibility of many subjects applying for a domain name at different times is because the domain name is unique but the coexistence of many brands, trademarks and services is very possible. can occur.

Monday Due to the diversity and high competition of the commercial environment, many business owners have registered their domain names, which, according to their calculations, will in the future be subject to registration. When the subject needs to register, this business entity will resell for profit. This phenomenon is called "domain name speculation". There is another type of business that registers in front of competitors' domain names in their marketplace to make it difficult for their businesses and marketing. This phenomenon is commonly known as "domain name cybersquatting".

Prior to this situation, ICANN, in collaboration with the World Intellectual Property Organization (WIPO), conducted a study and issued a Dispute Settlement Policy It is regulated by the Alternative Dispute Resolution (ADR) and arbitration (Arbitration), based on commercial arbitration rules, taking into account The technical element of the domain. The objectives of this policy are:

- To directly deal with domain name disputes over shared domain names;

- Create common practices for resolving domain names

This policy, which was introduced in 1999, has been adopted by most of the world's leading domain name registrations and is nowadays considered a must-have for the domain. .