OXFORD UNIVERSITY PRESS

Domain Name Law and Practice: An International Handbook (2nd edition)

ISBN : 9780199663163

参考価格(税込): 
¥63,910
著者: 
Torsten Bettinger; Allegra Waddell
関連カテゴリー
ページ
1680 ページ
フォーマット
Hardcover
サイズ
171 x 246 mm
刊行日
2015年11月
メール送信
印刷

An established authority in the field, this work provides comprehensive analysis of the law and practice relating to internet domain names at an international level, combined with a detailed survey of the 35 most important domain name jurisdictions worldwide, including the US, UK, Germany, France, Italy, Netherlands, Japan, China, Singapore, Russia, Canada, and Australia, and new chapters on Israel, Mexico, South Korea, Brazil, Colombia, Egypt, Portugal, and South Africa. The survey includes extensive country-by-country analysis of how domain names relate to existing trade mark law, and upon the developing case law in the field, as well as the alternative dispute resolution procedures. In its second edition, this work analyses, in depth, key developments in the field including ICANN's new gTLD program. The program, introducing many new top-level domains, will have far-reaching consequences for brand name industries worldwide and for usage of the internet. The complicated application process is considered in detail as well as filing and review procedures, the delegation process, the role and function of the Trademark Clearing House and the Sunrise and Trademark Claims Services, dispute resolution, and new rights protection mechanisms. Other developments covered include new registration processes such as the use of privacy and proxy services, as well as the expansion of the scope of internationalized domain names, including the addition of a number of generic top-level domains such as ".tel" and ".travel". Also considered are developments relating to the Uniform Domain Name Dispute Resolution Policy (UDRP) in terms of the nature of cases seen under the Policy and the number of cases filed, as well as the recent paperless e-UDRP initiative. The Uniform Rapid Suspension System, working alongside the UDRP in the new gTLD space, is also discussed in a new chapter on this process. Giving detailed information about the registration of domain names at national, regional and international levels, analysis of the dispute resolution processes at each of those levels, and strategic guidance on how to manage domain names as part of an overall brand strategy, this leading work in international domain name law is essential reading for practitioners in the field.

目次: 

Preface
PART I - THE DOMAIN NAME SYSTEM
A. The Structure and Organization of the Domain Name System
B. Organizational structure and functions of the Internet Coporation for Assigned Names and Numbers (ICANN)
C. Original gTLDs: Registration Procedures and Dispute Resolution
D. New gTLDs
E. Country Code Top Level Domains (ccTLDs)
F. The European Top Level Domain ".eu"
G. Domain Name Industry
H. Statistics
PART II - NATIONAL LAW
Australia
Austria
Belgium
Brazil
Canada
China
Czech Republic
Denmark
France
Germany
Greece
Hong Kong
India
Ireland
Israel
Italy
Japan
The Netherlands
Norway
Poland
Portugal
Russian Federation
Singapore
South Africa
South Korea
Spain
Sweden
Switzerland
Turkey
United Kingdom
United States
PART III - RIGHTS PROTECTION MECHANISMS
A. RIGHTS PROTECTION MECHANISMS FOR NEW GTLDS
I. Rights Protection against Applications for a new gTLDs (Pre-Delegation Dispute Resolution)
1. New gTLD Dispute Resolution Procedure
2. String Confusion Objection
3. Legal Rights Obligation
4. Public Interest Objection
5. Community Based Objections
II. Rights Protection against the operation and use of new gTLDs by the Registry Operator (Post-Delegation Dispute Resolution)
1. Trademark Post-Delegation Dispute Resolution Policy (PDDRP)
2. Registry Restrictions Dispute Resolution Procedures (RRDRP)
3. Public Interest Commitments Dispute Resolution Procedure (PICDRP)
III. Rights Protection against the Registration and Use of Domain Names within a new gLTD
1. Trademark Clearing House, Sunrise Procedures and the Trademark Claims Service (TMCH)
2. Uniform Rapid Suspension System (URS)
3. Sunrise Dispute Resolution Policy
4. Registry Specific Rights Protection Mechanisms (DPML)
B. RIGHTS PROTECTION MECHANISMS FOR ALL GLTDS
I. Uniform Domain Name Dispute Resolution Policy and Procedure (UDRP)
II. Other Consensus Policies
III. gTLD Specific Dispute Resolution Procedures
C. RIGHTS PROTECTION MECHANISMS FOR CCLTDS
I. Alternative Dispute Resolution for .EU
II. Alternative Dispute Resolution Procedures for ccTLDs
1. UDRP for ccTLDs
2. ccTLD Specific Dispute Resolution
PART IV - JOINT RECOMMENDATION
Table of Country Overviews
Table of Country Overviews

著者について: 

Torsten Bettinger is a partner with the patent attorneys and attorney-at law chambers of Bettinger Scheffelt Kobiako von Gamm in Munich. He advises in all fields of intellectual property and specializes in the creation of global trademark and branding strategies, programs to protect intellectual property rights against infringement, unfair competition and copyright. He has counseled clients on cutting-edge issues such as the new generic top-level domain (gTLD) program, including drafting and prosecuting new gTLD applications and developing advocacy and enforcement strategies in this space. As counsel and as WIPO Arbitration and Mediation Center panelist, Mr Bettinger has been involved in decisions on numerous domain name conflicts based on the Uniform Domain Name Dispute Resolution Policy and similar processes for country code top-level domains (ccTLDs). ; Allegra Waddell is an intellectual property attorney. She is barred in Missouri, United States, and is registered to practice before the US Patent and Trademark Office. Before beginning work as a private legal consultant on UDRP-related matters, Allegra served several years on the Legal Staff of the Domain Name Dispute Resolution Section of WIPO's Arbitration and Mediation Center. During her time at WIPO, she was involved in the drafting of the electronic version of the UDRP Rules approved by ICANN in October 2009, served as the WIPO contact to the CentralNic registry regarding its third-level registration policy, and was heavily involved in the research for and drafting of the second edition of theWIPO Overview of WIPO Panel Views on Selected UDRP Decisions released in February 2011.

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