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The Ratio of the Domain Name and Corporate Name in the Context of the Russian Judicial Practice

Student: Peterburgskiy Mikhail

Supervisor: Nikolaj Nikolaevich Averchenko

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

The text of the thesis was to focus on the commercial value of a domain name, and it is the root cause of the conflict of a domain name with other means of individualization. In parallel with the development of the Internet as a convenient business environment, the number of fraud with the registration and use of a domain name increased. The most common offense in this area is domain name registration, which copies someone else's corporate name, the use of a domain name similar to any other people's corporate name. Judicial practice in this sphere in the Russian Federation rather contradictory and ambiguous, it is connected with the fact that in the Russian legislation, and in the doctrine there is no single dominant view of the nature of the domain name. On the judges in this situation is an important task of rendering a fair judgment, resolution of conflicts, of interpretation of the law. Currently, domain disputes are settled mainly in favor of the plaintiffs, who own the corporate name. However, one can not conclude on the unique trend resolution of domain disputes. Regarding the ratio of the domain name and corporate name can be said that, in contrast to the latter, the courts do not tend to consider the domain name as a complete object of civil rights, and the right to the domain name often is not opposed by the courts to the rights to the corporate name.

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