Kozhemyakin D.V. Jurisdiction of Domain Disputes Involving Private Individuals

Kozhemyakin Dmitriy Vladimirovich
Assistant, Department of Civil and International Private Law,Volgograd State University, Base Department of Southern Scientific Center of the Russian Academy of Sciences (SSC RAS)
This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it.
Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation

Abstract. The purpose of this article is to analyze the existing judicial practice concerning the jurisdiction domain disputes in its compliance with applicable laws and the doctrine. Today the vast majority of domain name disputes are considered by arbitration courts, which often proceed them in violation of the existing jurisdiction criteria and law. The current law-enforcement practice actually established the special jurisdiction of domain disputes to arbitration courts, although the current legislation does not allow its proper justification. The author suggests that the current situation reveals an objective necessity of establishing such jurisdiction, and the only reasonable way to remove the contradictions between the law and the existing “custom” is the introduction of relevant amendments to the Arbitration Procedure Code of the Russian Federation.

Key words: Internet disputes, domain name disputes, jurisdiction, domain name, trademark, individualization means.

Attachments:

3_Kozhemyakin.pdf URL: https://j.jvolsu.com/index.php/en/component/attachments/download/504

609 Downloads