scholarly journals O NATURZE PRAWNEJ DOMENY INTERNETOWEJ

2017 ◽  
Vol 2 (2) ◽  
pp. 149
Author(s):  
Lavinia Brancus-Cieślak
Keyword(s):  
Basic Function ◽  
Moral Rights ◽  
Intangible Asset ◽  
Internet Communication ◽  
Domain Name ◽  
Distinctive Character ◽  
Domain Names ◽  
Trade Name ◽  
Legal Nature ◽  
Polish Law

LEGAL NATURE OF AN INTERNET DOMAIN NAMESummary The paper reviews a legal nature of an Internet domain name, in both technical and commercial aspects. Technically, a domain name can be re- garded as an Internet communication address related to the Website and can be treated like a traditional telephone number or a post address. The equivalence between a domain name’s commercial function as an intangible asset and a trademark is analysed. The domain name hardly matches full legal characteristics of a trademark. The basic function of a trademark, i. e. identification of the source of goods or services is an example. Another example is a discrepancy between the distinctive character of a trademark and descriptive or generic character of most of domain names. Alternatively, the similarity of a domain name to a trade name is analysed as apparently more appropriate as its notion is drawn up by the Polish doctrine and jurisprudence rather than defined by the law. Furthermore, similarity of a domain name to a work protected by Copyright is also indicated. It appears inappropriate when domain name’s lack of original character is considered. An issue whether every domain name can be considered an object of moral rights provided by article 24 of the Civil Code is also indicated. It is concluded that no unambiguous definition can be applied to a domain name as well as no similarities to already existing rights protected by Polish law can be drawn up. Its definition depends on the domain name’s commercialfunction with which it is used in a particular case.

scholarly journals Trade name and trademark versus domain

2013 ◽  
Vol 61 (4) ◽  
pp. 1069-1076 ◽  
Author(s):  
Jarmila Pokorná ◽  
Eva Večerková
Keyword(s):  
Legal Regulation ◽  
Business Activity ◽  
Domain Name ◽  
Ip Address ◽  
Domain Names ◽  
Trade Name ◽  
Versus Domain ◽  
Technical Sense ◽  
Legal Sense ◽  
Average User

Internet domains have become an integral part of our lives, so one can easily understand that during their use, conflicts can arise, whose participants will search for rules enabling resolution of conflicts. Since the domain name is a replacement of the computer IP address, in the technical sense of the word, this does not concern for domain names a commercial name or brand, because it primarily does not belong to a person in the legal sense of the word and does not serve for its individualization. The average user regularly affiliates domain names with a person offering goods or services on the relevant Website. Domain names used by entrepreneurs in their business activity are often chosen so that the second-level domain (SLD) would use words that form the trade name of corporations formed of trading companies. This fact brings domain names close to such designations that serve the individualization of persons or products, especially the trademarks and the commercial name. Domains can come into conflict with the rights to designations, especially trademarks and commercial names. Court practice is resolving these conflicts using rules for unfair competition, or rules for protection of commercial names and trademarks, but it is not ruled out that in the future, special legal regulation of domain names could be established.

An Indian Legal Perspective to Protection of Domain Name

2013 ◽  
pp. 198-207
Author(s):  
Rashmi Aggarwal ◽  
Rajinder Kaur
Keyword(s):  
Information Technology ◽  
Dispute Resolution ◽  
The Internet ◽  
Commercial Activity ◽  
Domain Name ◽  
Domain Names ◽  
Sensitive Issue ◽  
Legal Perspective ◽  
Trade Name

Domain names are no longer treated as only providing an address for computers on the Internet but are treated as trademarks in relation to commercial activity of a particular company or business. With the expansion of telecommunication, it has become essential for business houses to protect their trade name from cyber squatters or cyber pirates. Some of the countries like US have developed a specific legislation for the protection of domain names, but in India the Information Technology Act, 2000, is limited to e-commerce only and fails to acknowledge this sensitive issue. The present chapter is an attempt to highlight the problem of domain names, the legislation laid down in US, specifically to deal with the problem of cyber squatters or cyber pirates, and dispute resolution mechanisms laid down by ICANN. The chapter further suggests the need for specific legislation in India along with other alternatives.

Legal nature of individual proceedings in cases of granting the right to marriage

2021 ◽  
pp. 88-93
Author(s):  
T.M. Balyuk
Keyword(s):  
Family Law ◽  
Adoptive Parent ◽  
Intangible Asset ◽  
Scientific Article ◽  
Adopted Child ◽  
Legitimate Interest ◽  
Civil Proceedings ◽  
Legal Nature ◽  
Specific Material ◽  
The Right

The scientific article is devoted to the study of the legal nature of separate proceedings in cases of granting the right to marry.It is established that a separate proceeding as a type of non-litigious civil proceedings is characterized by: 1) the absence of a dispute about the right, which, at the same time, does not exclude the existence of a dispute about the fact; 2) a special object of judicial protection – a legally protected (legitimate) interest, which is the needs and aspi-rations to use a specific material and (or) intangible asset, which may or may not be mediated by a certain subjective right. Protection of legally protected (legal) interest is carried out by the court by deciding on the presence or absence of legal facts relevant to the protection of rights, freedoms and interests of a person or creating conditions for the exercise of personal non-property or property rights or confirmation of the presence or absence of undisputed rights.It is determined that a separate proceeding in cases of granting the right to marry is a type of non-litigious civil proceedings for consideration of applications for confirmation of the presence or absence of legal facts that are im-portant for creating conditions for a person’s right to marry. It is substantiated that the legal nature of separate proceedings in cases of granting the right to marry is a set of substantive grounds for granting the right to marry and features of the procedural form of consideration by the court of relevant applications that mediate changes in family law. The court, establishing the presence or absence of legal facts, decides to grant a person the right to marry, thereby expanding the family law capacity of such a person due to the ability to exercise the right to marry before reaching marriageable age or marry between the adopter’s adopted child and the adopted child, as well as between children who have been adopted by an adoptive parent.

scholarly journals Legal status of cryptocurrency in Asian countries

2021 ◽  
Vol 66 ◽  
pp. 96-102
Author(s):  
V.M. Logoida
Keyword(s):  
Civil Rights ◽  
Government Regulation ◽  
Legal Status ◽  
Legal Regulation ◽  
Intangible Asset ◽  
Asian Countries ◽  
Legal Nature ◽  
Liberal Approach ◽  
Definition Of ◽  
Almost All

The article is devoted to the study of the experience of legal regulation of the legal status of cryptocurrencies and transactions with them in Asian countries (except for the People's Republic of China and Asian countries - members of the Commonwealth of Independent States, as the author examined them in separate publications). In the article the author, based on the study of regulations, administrative and judicial practice of all major countries in this part of the world, emphasizes the divergent trends in cryptocurrency transactions regulation in the region, when some countries move from a liberal approach to the use of cryptocurrencies to their total ban and vice versa. It is noted that almost all countries in the region give a legal assessment of the payment function of cryptocurrencies, using regulatory or prohibitive approaches, depending on the chosen policy, which indirectly confirms their understanding of the legal nature of cryptocurrencies primarily as a means of payment. At the same time, these countries not only categorically distinguish cryptocurrencies from fiat money issued by central banks, but also mostly avoid the official definition of cryptocurrency as private (decentralized) cash, preferring to qualify them as an intangible asset, virtual asset, digital asset, financial value and even a good or service, which is currently a kind of compromise between political expediency and economic realities. The author also notes that the Asian region is characterized by very active attempts to resolve the legal status of cryptocurrencies at the legislative level, and not just administrative or judicial response to the actual legal relationship, although the progress of different countries in this matter is different. As a result, the author concludes that in the Asian countries considered in the article, there is no same view on the legal nature of cryptocurrency, its qualification as an object of civil rights, and ways to regulate transactions with it (libertarian approach, positive-cryptocurrency approach but with detailed government regulation and control or a completely restrictive policy in relation to the cryptocurrency market).

scholarly journals HUNTING RIGHTS IN POLAND

2018 ◽  
Vol 32 (1) ◽  
pp. 63-81
Author(s):  
Witold Daniłowicz
Keyword(s):  
Detailed Analysis ◽  
Legal Issues ◽  
Legal Institution ◽  
Legal Nature ◽  
The Subject ◽  
Polish Law

Although hunting rights constitute the key element of Polish hunting law, so far they have not been subject to detailed analysis in legal writings devoted to the subject. This is most likely due to the fact, that the term itself is not used in the hunting legislation. The article fills this gap. It analyzes the legal nature of hunting rights under Polish law as well as examines legal issues most closely related to this legal institution, namely hunting preserve and hunting lease. Also analyzed is the ownership of game at large, game carcass, hunting trophies and shed antlers.

Structure and Organization of the Domain Name System

2015 ◽  
Author(s):  
Torsten Bettinger
Keyword(s):  
Host Computer ◽  
The Internet ◽  
Domain Name System ◽  
Domain Name ◽  
Global Regulation ◽  
Ip Address ◽  
Domain Names ◽  
Data Packets ◽  
System P ◽  
Administrative Tasks

Although the Internet has no cross-organizational, financial, or operational management responsible for the entire Internet, certain administrative tasks are coordinated centrally. Among the most important organizational tasks that require global regulation is the management of Internet Protocol (IP) addresses and their corresponding domain names. The IP address consists of an existing 32 bit (IP4) or 128 bit (IP6) sequence of digits and is the actual physical network address by which routing on the Internet takes place and which will ensure that the data packets reach the correct host computer.

Netherlands (‘.nl’)

2015 ◽  
Author(s):  
Adonna Alkema
Keyword(s):  
The Netherlands ◽  
Tort Law ◽  
Domain Name ◽  
Domain Names ◽  
Court Proceedings ◽  
Trade Names ◽  
Appeal Courts

In the Netherlands, there is no legislation dealing with the registration and use of domain names. Domain name conflicts are therefore decided on the basis of existing laws, such as laws regarding the protection of trademarks and trade names and tort law. Domain name conflicts often lead to court proceedings, resulting in over 500 decisions rendered by first instance courts so far and more than 90 decisions rendered by appeal courts.

Italy (‘.it’)

2015 ◽  
Author(s):  
Philipp Fabbio
Keyword(s):  
Civil Law ◽  
Business Activity ◽  
Domain Name ◽  
Domain Names ◽  
General Rules ◽  
Explicit Reference ◽  
Trademark Protection

Statutory provisions dealing specifically with domain names are found in the Codice della Proprietà Industriale (‘the CPI’),1 ss 12(1)(c), 22, 118(6), and 133. Sections 12(1)(c) and 22 define the scope of trademark protection. In doing so, they also consider interference with domain names that are used in the course of a business activity (nomi a dominio aziendali). Sections 118(6) and 133 deal with remedies for trademark infringements and make explicit reference to domain names as well. Besides these specific rules, conflicts before the Italian courts based on domain name registrations are to be resolved according to the general rules of trademark, competition, and civil law.

scholarly journals Malicious Domain Names Detection Algorithm Based on N-Gram

2019 ◽  
Vol 2019 ◽  
pp. 1-9 ◽  
Author(s):  
Hong Zhao ◽  
Zhaobin Chang ◽  
Guangbin Bao ◽  
Xiangyan Zeng
Keyword(s):  
False Positive Rate ◽  
False Negative ◽  
False Negative Rate ◽  
Detection Algorithm ◽  
Internet Security ◽  
Domain Name ◽  
Domain Names ◽  
Malicious Attack ◽  
Positive Rate ◽  
N Gram

Malicious domain name attacks have become a serious issue for Internet security. In this study, a malicious domain names detection algorithm based on N-Gram is proposed. The top 100,000 domain names in Alexa 2013 are used in the N-Gram method. Each domain name excluding the top-level domain is segmented into substrings according to its domain level with the lengths of 3, 4, 5, 6, and 7. The substring set of the 100,000 domain names is established, and the weight value of a substring is calculated according to its occurrence number in the substring set. To detect a malicious attack, the domain name is also segmented by the N-Gram method and its reputation value is calculated based on the weight values of its substrings. Finally, the judgment of whether the domain name is malicious is made by thresholding. In the experiments on Alexa 2017 and Malware domain list, the proposed detection algorithm yielded an accuracy rate of 94.04%, a false negative rate of 7.42%, and a false positive rate of 6.14%. The time complexity is lower than other popular malicious domain names detection algorithms.

Online Brands and Trademark Conflicts: A Hegelian Perspective

2006 ◽  
Vol 16 (3) ◽  
pp. 343-367 ◽  
Author(s):  
Richard A. Spinello
Keyword(s):  
Free Speech ◽  
Strong Support ◽  
The Internet ◽  
Domain Name ◽  
Reasonable Person ◽  
Domain Names ◽  
Consumer Confusion ◽  
Trademark Dilution ◽  
Online Brands ◽  
Free Speech Rights

Abstract:The Internet presents opportunities for corporations to efficiently build their brands online and to enhance their global reach. But there are threats as well as opportunities, since anti-branding and free-riding activities are easier in cyberspace. One such threat is the unauthorized incorporation of a trademark into a domain name. This can lead to trademark dilution and cause consumer confusion. But some users claim a right to use these trademarks for the purpose of parody or criticism. Underlying these trademark conflicts is the familiar tension between property rights and free speech rights. While some trademark scholars are reluctant to consider a trademark as property, we find strong support for the property paradigm in Hegel’s philosophy. Assuming that a trademark is an earned property right, we propose that a trademark owner should be allowed to control the permutations of its trademark incorporated into domain names unless a reasonable person would not confuse that domain name with the company’s mark. But we also conclude that there must be latitude to employ a domain name for negative editorial comment, so long as the source and purpose of that domain name is plainly apparent.

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