The Problem of the Absence of Legal Regulation of Domain Names in Russia, and the Consequent Difficulties which Arise in Connection with Trademarks

Abstract

Progressive development of society and the social relations to which it gives rise have always been considered as reasons for influencing the appearance of new objects of the intellectual property and subsequently amendment of legal regimes concerning the results of intellectual activity by members of respective society. In order to distinguish themselves and/or their goods and services producers of certain goods and service providers actively explore different types of means of individualization. Such necessity to distinguish one s own goods and services arises from demands of a consumers market and competition between market players. In the former case, means of individualization are aimed at attracting consumers to specific goods and services and/or to the producer of certain goods and services on the consumers market. The latter is aimed at preventing potential conflict of interests between market players. One such means of individualization is the domain name, which allows market players to explore the Internet to conduct their participation in social relations and commercial activity through the use of the latest so-called "advances of civilization". Lack of a proper or even basic legal regulation of the domain names legal regime in the Russian Federation brought ambiguity to the status of domain names. In practice it leads to conflicts with trademarks and other means of individualization of legal entities, such as appellations of origin and company names, where their proper legal regulation stipulates their priority ranking through legal proceedings.