Bulat N. Domain names in the system of intellectual property objects

The thesis is devoted to comprehensive research of domain names in the system of intellectual property objects with the purpose to create theoretical provisions which determine the legal nature of a domain name and its place in the system of intellectual property objects, to outline the prospects of legal regulation of relations in a sphere of domain names and to create scientific-practical recommendations concerning improvement of legal regulation of relations in the relevant sphere. The author argues that preconditions for considering a domain name to be an intellectual property object came from disputes solving practice. For the first time, a periodisation of national legislation development in a sphere of domain names is made. The author provides a definition of a domain name from an informational-technical point of view and outlines the structure of a domain name. The author provides a definition of a domain name as a special intellectual property object. For the first time, the parametric theory of systems is proposed to use for examining the system of intellectual property objects. The classification of intellectual property objects is clarified. The author argues that a domain name is a means of Internet-sources individualisation. The author analyses common features of a domain name and other means of individualisation and particular qualities of a domain name. The author justifies a necessity of distinguishing a domain name from contiguous objects. For the first time, conditions of a cumulative legal protection of a sign as a domain name and a copyright object are determined and the concept of such a protection is analysed. The definition of a cybersquatting is provided, its kinds are specified and analysed. For the first time, the author proposes to determine a copyright cybersquatting, its definition is provided. For the first time, the author determines three main approaches formed in the Ukrainian courts practice concerning an issue of a violator of rights to a trademark by a registration of a domain name. For the first time, inconsistencies between provisions of the “Policy on Particulars of registration of second-level private domain names in the .UA domain” and the “.UA Domain Name Dispute Resolution Policy” are analysed. The author justifies the feasibility of the uniform regulation of relations in a sphere of domain names in the whole global society and the main role of the World Intellectual Property Organization in this issue. The author argues a necessity of legal regulation of relations in a sphere of domain names by making additions to the Civil Code of Ukraine and making a special law. For the first time, the author creates norms of the Section 451 “The Intellectual Property Right to a Domain Name” which is proposed to be added to the Book Four of the Civil Code of Ukraine. The author creates provisions on improvement of the Ukrainian legislation in a sphere of using domain names and contiguous objects.