Critical Analysis of the Concept of ‘First Come First Serve’ along with its Domain Name regime– Glance
Author(s):
Dr.J.Star
Keywords:
Backgronud of cyber-squatting, First come first serve, judicial activism
Abstract
The development of science and technology enlighten the Commercial Activities on the Internet . Such technology makes Domain Names as a valuable business assets and a Trademark in the internet world. Due to the rapid growth, domain name disputes have increased in India. There have been increasing instances of domain name abuse and misuse in the form of cyber-squatting. Indian Courts have held the domain names as online trademarks and business identifiers. However, due to the absence of a specific law, the courts have not been consistent in imposing fines and giving relief to the offenders. Therefore, a comprehensive law against cyber-squatting that grants adequate protection to domain names is the need of the hour in India as well as world. Because we never concluded that as the cyber squatters and the domain name holders are always available in the same country, in this circumstances they escaped from the eye of law for the gap of non availability of legislations to control the squatters. Becaues each and every countries have different legislations to tackle various offences made in their jurisdiction but cyber squatting made between inter-state since one country tries to punish theoffender means hw will take the plea as he belongs to other national. In this stage that offender will be punished by following which legislation and the victim claim compansation before which court and theoffender is having binding nature by followig which country code all are highly questionable. It also gives a global perspective on Cyber Squatting laws and International framework. At the same time, the research paper highlights the need for a specific Domain Name Protection Law in world because these are offences made between inter-state also this Research Paper Aims to find what are the laws that are currently in place in India as well as world that protect Domain Names, the issues with them, understanding the International Framework and understanding the need for a specific Domain Name Protection Law in world by way of conventions.
Article Details
Unique Paper ID: 156569

Publication Volume & Issue: Volume 9, Issue 4

Page(s): 223 - 226
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