Academic literature on the topic 'WIPO domain name processes'

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Journal articles on the topic "WIPO domain name processes"

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Escudero, Laura Martín. "Quality in WIPO Domain Name Arbitration Decisions." HERMES - Journal of Language and Communication in Business 24, no. 47 (October 30, 2017): 79. http://dx.doi.org/10.7146/hjlcb.v24i47.97568.

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Over the last decades, linguists have drawn special considerations to define specialized discourse. Basically, the complexity of describing specialized discourse lies in its multi-dimensional nature. The main purpose of this paper is to characterize specialized discourse in WIPO Domain Name Arbitration as the result of social and institutional conditionings. First, the study focuses on characterizing text-external factors associated with this highly-specialized professional practice. More in particular, the study focuses on the analysis of ‘Quality’ in WIPO Domain Name Arbitration decisions. Second, the study found useful to define the boundaries of ‘specialized discourse’ Third, the study limited the focus of attention on analyzing ‘Quality’ in relation to ‘Objectivity’ and ‘Neutrality’ as factors associated with specialized discourse and also to ‘Impartiality’ and ‘Independence’ as conditionings specifically related to WIPO domain name arbitration professional practice. Following Bhatia (Bhatia 2004) this study conceptualizes specialized discourse as a concept highly dependent on social and institutional conditions.
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Escudero, Laura Martínez. "A corpus-based insight into genre: The case of WIPO domain name arbitration decisions." Discourse & Communication 5, no. 4 (November 2011): 375–92. http://dx.doi.org/10.1177/1750481311427084.

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To prevent domains from cyber-piracy, the WIPO offers private and confidential procedures tasked to address the legitimate use of a domain name. WIPO domain name arbitration consists of an alternative dispute resolution process in which one or more panelists make a binding decision over the legitimacy of a domain. This article investigates the structure of the discourse of this professional genre. Following Maley (1987), this study focuses, first, on spotting the generic moves of WIPO domain name arbitration decisions. Second, the analysis unveils patterns shaping WIPO domain name arbitration decisions, hence exploring how discursive features work within this specialized discourse. Third, it examines whether corpus data reveal that this type of professional discourse has entered into a process of standardization. The study is based on Bhatia’s multi-perspective four-space model of discourse (2004). This analytical framework emphasizes a multidisciplinary and multidimensional perspective which highlights that discourse is indistinguishable from constructing reality.
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Blackshaw, Ian. "FIFA wins its latest domain name dispute filed with WIPO." Entertainment and Sports Law Journal 9, no. 1 (June 1, 2011): 4. http://dx.doi.org/10.16997/eslj.29.

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Rimmer, Matthew. "Virtual Countries: Internet Domain Names and Geographical Terms." Media International Australia 106, no. 1 (February 2003): 124–36. http://dx.doi.org/10.1177/1329878x0310600113.

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This paper examines the dispute between the Seattle company Virtual Countries Inc. and the Republic of South Africa over the ownership of the domain name address southafrica.com . The first part of the paper deals with the pre-emptive litigation taken by Virtual Countries Inc. in a District Court of the United States. The second part considers the possible arbitration of the dispute under the Uniform Domain Name Dispute Resolution Process of the Internet Corporation for Assigned Names and Numbers (ICANN) and examines the wider implications of this dispute for the jurisdiction and the governance of ICANN. The final section of the paper evaluates the Final Report of the Second WIPO Internet Domain Name Process.
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Putri, Dheka Ermelia. "APPLICATION OF ONLINE DISPUTE RESOLUTION (ODR) IN INTERNATIONAL AND INDONESIA DOMAIN NAMES DISPUTES." Lampung Journal of International Law 1, no. 1 (August 11, 2020): 19. http://dx.doi.org/10.25041/lajil.v1i1.2021.

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The Online Dispute Resolution has become a breakthrough in the world of law, especially the law of dispute settlement. Online Dispute Resolution is used in several disputes such as e-commerce disputes and domain name. Technically, part of the ODR has been used by Indonesia’s Constitutional Court, where the Indonesian Constitutional Court utilizes video conferencing facilities in listening to witness testimonies and expert opinions. Moreover, PANDI (Pengelola Nama Domain Indonesia) has implemented most of the functions of the ODR in resolving Domain Name disputes in Indonesia like one of the cases that has been resolved, we call as “Netflix.id” Case that is the case of the Netflix Company who has used Netflix’s name as merchandise since 1977. Netflix Company knowing that there is a new domain name that uses the name of the item, namely “Netflix.id” is officially registered and this interferes with the trading of the Netflix Company, with the result that Netflix Company filed a lawsuit to namely removing the “Netflix.id” domain name. This case was resolved without going through a face to face PPND Process (Pedoman Perselisihan Nama Domain) as a legal basis under Indonesian legislation Currently. Online Dispute Resolution has been used by various world organizations including UNCITRAL, European Commission, and WIPO Arbitration and Mediation. PANDI (Pengelola Nama Domain Internet Indonesia) as one of the parties that utilize the online dispute resolution has policies established under existing international regulations. Still, the ODR has been applied in some cases and resulted in binding decisions to the parties.
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Zafar, Rimsha, Shayan Khan, and Ankur Rajput. "Electronic Commerce - Electronic Data Interchange (EDI) and Alternative Dispute Resolution (ADR)." International Journal of Advanced Research in Computer Science and Software Engineering 7, no. 7 (July 30, 2017): 294. http://dx.doi.org/10.23956/ijarcsse/v7i7/0191.

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E‐commerce is one of the applications of various technologies of communication to provide the exchange of automated business information. The present scenario requires an approach where the paper is replaced with technology and giving rise to EDI (Electronic data interchange). Alternative Dispute Resolution (ADR) is a mode of resolving legal disputes in online medium. The requirement of this mode is both in the business world as well as common men that requires timely justice. To so.lve the delayed justice problem and helping out people in all domains ADR plays a very important role. The project report discusses on the concept of EDI, the various processes and steps involved in EDI. The standardized formats and types of EDI have also been discussed with a case study. The drawbacks and benefits have also been listed and how does the business world look forward for growth in EDI and explanation of ADR and comparing two models named as virtual magistrate project and Wipo.
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Plotkin, James. "THE MODEL FOR A PATH FORWARD. A PROPOSAL FOR A MODEL LAW DEALING WITH CYBER-SQUATTING AND OTHER ABUSIVE DOMAIN NAME PRACTICES." Denning Law Journal 27 (November 16, 2015): 204–40. http://dx.doi.org/10.5750/dlj.v27i0.989.

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The internet has revolutionized the way we interact with information and each other. Among the internet’s many applications, e-commerce ranks at the top. Businesses derive significant value from a robust online presence which arguably begins with a strong domain name.Websites are identified by internet protocol (IP) addresses which consist of sets of numbers. The Domain Name System (DNS) is the internet’s address book. Its function is to allow internet users to identify websites with more memorable indicia than a set of numbers such as words, phrases and acronyms. Given that businesses often devote significant resources to growing brand recognition and the goodwill associated with their trademarks, many of them tend to register domain names under those trademarks. Domain names (unlike trademarks) are unique which further increases a trademark holder’s interest in securing ones that consumers would likely associate with its goods or services.Cyber-squatters seek to profit from the DNS by engaging in a form of “online speculation”. They register domain names that are either identical or confusingly similar to trademarks and then attempt to sell the domain name(s) to a legitimate trademark holder for a profit.The current regulatory framework dealing with cyber-squatting comprises of: 1) The Internet Corporation for Assigned Names and Numbers (ICANN) Uniform Dispute Resolution Policy (UDRP) and variants thereof; 2) The American Anticybersquatting Consumer Protection Act (ACPA); and 3) National trademark laws. This paper argues that while partially effective, the current framework is lacking.A review of UDRP panel statistics reveals a steady flow of complaints since 2000 with a marked upswing from 2005 forward. The WIPO Arbitration and Mediation Center, the largest UDRP resolution provider, receives between 1700-2600 complaints per year relating to cyber-squatting. Cyber-squatting is therefore clearly an issue that requires further or better regulation.The UDRP, ACPA and trademark statutes all suffer from significant shortcomings. This paper seeks to identify those shortcomings and propose a potential solution: a model law relating to cyber-squatting and other abusive domain name practices. The model law would create specific causes of action for cybersquatting and the abusive practice known as “reverse-domain name hijacking”. It would also comport certain key provisions to aid in the harmonization of an internationally accepted body of “domain name law”.While a model law approach itself suffers from certain shortcomings (most notably the requirement that it be adopted in a significant number of states to become effective), this paper demonstrates that those shortcomings are far outweighed by its benefits.
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Prentoulis, N. "Freedom of political speech prevails over common law mark rights in a WIPO domain name decision inspired by US constitutional principles." Journal of Intellectual Property Law & Practice 4, no. 11 (October 16, 2009): 781–82. http://dx.doi.org/10.1093/jiplp/jpp165.

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Golubkova, Ekaterina, and Anastasia Zakharova. "Meaning-Making Processes in Derivatives from Precedent Names." Lege Artis 1, no. 2 (December 1, 2016): 37–79. http://dx.doi.org/10.1515/lart-2016-0010.

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Abstract The paper addresses the issue of meaning-making in a highly prolific and sprawling segment of English vocabulary – derivatives from precedent names (DPNs). The combination of cognitive linguistics methods applied to analyze the semantics of DPNs (Robin Hood cluster, Cinderella-based blends and Dorian Gray effect) permitted to account for their bias towards polysemy, which seems to be basically grounded in the process of metonymic zoom-in on the selected content in the event frame that describes the precedent name, oftentimes leading to domain extension and indeterminacy.
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Liang, SiYu, ZhiHong Tian, XinDa Cheng, Yu Jiang, Le Wang, and Shen Su. "A Quantitative Method for the DNS Isolation Management Risk Estimation." Electronics 9, no. 6 (June 1, 2020): 922. http://dx.doi.org/10.3390/electronics9060922.

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The domain name system (DNS) is an important infrastructure of the Internet, providing domain name resolution services for almost all Internet communication systems. However, the current DNS is centrally managed, leading to unfair sovereignty of the Internet among countries. A domestic DNS is unable to work normally, noted as isolated management risk (IMR), especially when the national network is isolated from the rest of the Internet. To improve understanding of the DNS isolated management risk for better DNS resource deployment, it is critical to determine how serious the IMR is among various countries. In order to quantify DNS isolated management risk, this paper proposed an effective approach to collect DNS resolution demand data from the network used by various intelligent devices and to conduct data analysis to estimate isolated management risk of certain country’s domestic DNSs. Our idea is to quantify the domain name resolution demand and its relationship with the overseas resolution processes. We further used our quantitative method to compare the IMR of the USA and China and analyzed the difference between them.
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Dissertations / Theses on the topic "WIPO domain name processes"

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Hurter, Eddie. "Aspects of the nature and online resolution of domain-name disputes." Thesis, 2011. http://hdl.handle.net/10500/5589.

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The thesis analyses selected aspects of domain-name law, mainly from the perspective of trade-mark law. It discusses the evolution of the domain-name system and how it operates as background to a more detailed discussion of the theoretical classification of domain names. The thesis then examines the interplay between trade marks and domain names, and the resolution of domain-name disputes resulting from the inherent tension between these two systems. The main principles of domain-name dispute resolution are identified by way of an analysis of the panel decisions handed down in terms of the international Uniform Dispute Resolution Policy (UDRP) and the South African domain name dispute resolution regulations. This analysis always addresses, too, the extent to which national trade-mark law principles (with reference to the laws of South Africa, the United Kingdom, and the United States of America) apply, and the extent to which this is appropriate.
Private Law
LL.D.
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Books on the topic "WIPO domain name processes"

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Eun-Joo, Min, Lilleengen Mathias, and WIPO Arbitration Center, eds. Collection of WIPO domain name panel decisions. The Hague: Kluwer Law International, 2004.

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Bettinger, Torsten, and Allegra Waddell, eds. Domain Name Law And Practice. Oxford University Press, 2015. http://dx.doi.org/10.1093/oso/9780199663163.001.0001.

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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 36 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, 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 more than 700 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.
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Book chapters on the topic "WIPO domain name processes"

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"The WIPO Domain Name Dispute Resolution System." In A Manual of International Dispute Resolution, 315–29. Commonwealth, 2006. http://dx.doi.org/10.14217/9781848598799-26-en.

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Bettinger, Torsten. "Joint Recommendation Concerning Provisions on the Protection of Marks, and other Industrial Property Rights in Signs, on the Internet." In Domain Name Law And Practice. Oxford University Press, 2015. http://dx.doi.org/10.1093/oso/9780199663163.003.0051.

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The ‘Joint Recommendation Concerning Provisions on the Protection of Marks, and Other Industrial Property Rights in Signs, on the Internet’ was adopted on October 3, 2001, by the General Assembly of WIPO and the Assembly of the Paris Union for the Protection of Industrial Property. It presents a comprehensive model for resolving international trademark conflicts, as well as proposals concerning the conditions for the acquisition and maintenance of trademark protection, on the basis of acts of use on the Internet.
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Bettinger, Torsten. "Other ICANN Consensus Policies." In Domain Name Law And Practice. Oxford University Press, 2015. http://dx.doi.org/10.1093/oso/9780199663163.003.0047.

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In addition to the Uniform Domain Name Dispute Resolution Policy (UDRP), ICANN has established eight other consensus policies which apply to the gTLD spaces under its purview. Consensus policies are the product of policy development processes at the Generic Names Supporting Organization (GNSO) in its function to develop and recommend to the ICANN Board substantive policies relating to generic top-level domains. They are intended to produce a consensus of Internet stakeholders and relate to issues including interoperability, security and stability of the Internet or the registry database for a TLD, the provision of registry services or operations, or the resolution of domain name disputes. Only policies which are developed through the Policy Development Process and receive appropriate approval by the GNSO Council and ICANN board may be considered consensus policies. Consensus policies are incorporated into registry contracts and in the Registrar Accreditation Agreement, ensuring that GNSO recommendations are implemented. These policies apply to different groups of individuals and/or entities and are suited to different purposes, which will be briefly outlined in the sections below.
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