Domain Name Dispute Resolution and the WTO TRIPS Agreement

WIPO-WTO Colloquium for Teachers of Intellectual Property, 2012

10 Pages Posted: 10 Apr 2013  

Celia Lerman

Universidad Torcuato Di Tella

Date Written: November 16, 2012

Abstract

Despite the close relationship between domain names, intellectual property and trade, domain names are intangible rights that are not expressly protected under the TRIPS Agreement. Nevertheless, domain names have been raising trade concerns for WTO Members, as over 17 free trade agreements that establish provisions on domain name dispute resolution and policy show. The purpose of this paper is to explore to what extent the WTO-TRIPS system has influenced country-code top-level domain (ccTLD) name policies. To answer this question, this paper studies the regulation of ccTLDs in the global trade agreement treaty network post TRIPS Agreement along with the international practice in domain name dispute resolution. It argues that a new standard of domain name dispute resolution is arising. This standard fits well within the framework of Article 41 of the TRIPS Agreement. The impact of this rising standard, however, deserves careful examination.

Keywords: domain names, TRIPS Agreement, alternative dispute resolution, ccTLDs, free trade agreements

Suggested Citation

Lerman, Celia, Domain Name Dispute Resolution and the WTO TRIPS Agreement (November 16, 2012). WIPO-WTO Colloquium for Teachers of Intellectual Property, 2012. Available at SSRN: https://ssrn.com/abstract=2247702

Celia Lerman (Contact Author)

Universidad Torcuato Di Tella ( email )

Minones 2159
C1428ATG Buenos Aires, 1428
Argentina

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