The Resolution of Domain Names vs. Trademark Conflicts: A Case Study on Regulation Beyond the Nation State, and Related Problems
Journal
Zeitschrift für Rechtssoziologie
ISSN
0174-0202
Type
journal article
Date Issued
2002
Author(s)
Abstract
With the Internet a new kind of problem has emerged at the interface between a specific property right system traditionally protected by territory-bound approach and a new property right system requiring global protection. After three years of experience, an assessment of the Uniform Dispute Settlement Policy as the institutional solution established to solve domain name vs. trademark conflicts comes to an ambiguous result. While the sheer number of solved cases not only underlines the necessity of the UDKP but also its efficiency, statistical data on forum shopping activities of trademark owners and the strong bias of panel decisions in favour of trademark owners, together with the mandatory character of the UDKP and its self-executing decisions, present cause for serious concern, with questions of accountability and public control being most important. The UDRP shares this concern with a variety of self-coordinating, self-organising, and self-regulating private transnational institutions that claim quasi-public authority in a functionally specified sector of the global economy.
Language
English
HSG Classification
not classified
Refereed
Yes
Publisher
Lucius & Lucius
Publisher place
Stuttgart
Volume
23
Number
1
Start page
61
End page
78
Pages
18
Subject(s)
Eprints ID
47276