Research and development in private law

Research and development in private law

Possibility of Registering Generic Terms as Internet Domain Names (Analysis and Critique of Judgment by the Third Branch of General Civil Court of Tehran and the Tenth Branch of Appellate Court of Tehran Province)

Document Type : Original Article

Authors
1 Assistant Professor of Private Law, Faculty of Law and Political Science, Allameh Tabatabai University
2 Master's student in private law, Faculty of Law, University of Judicial Sciences, Tehran, Iran
Abstract
In This paper, analyzes the possibility of registering generic and general terms, which in some cases resemble or correspond to the names of public or governmental organizations, as internet domain names. Through a descriptive-analytical research method and with the aim of critiquing judicial practice, the study examines the rulings issued by the initial and appellate courts of Tehran Province. The main question posed is whether generic terms like "etax" can be registered as internet domain names. By analyzing the nature of domain names and distinguishing them from similar concepts, along with a critique of the relationship between third-party material, moral, and intellectual rights, as well as an analysis of consumer rights, the study concludes that generic terms associated with public and governmental organizations fall within the public domain and are intended for public use. As such, they cannot be subjected to private ownership through domain name registration. Furthermore, given that transparency and trust are key elements of e-commerce, achieved when consumers can distinguish between products and services, domain names, as tools of e-commerce, must support this essential distinction. Therefore, the registration of generic terms that could mislead or deceive consumers must be prohibited. Protecting consumer rights requires preventing the registration of generic names similar to or related to other areas of intellectual property under the guise of domain names. As a result, it is recommended that judicial practice, in line with the findings of this study, nullify the registration of generic domain names corresponding to public or governmental terms, thereby preventing misleading registrations and supporting consumer rights.
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