Correlation of extraterritorial protection of exclusive rights to trademarks with protection of rights to domain names

Abstract

The article deals with the problem of the protection of exclusive rights to trademarks, which has an extraterritorial potential, with the protection of rights to domain names, also not limited by the geographical boundaries of states. The author analyzes the correlation of international and national regulation of trademark protection with the regulation of domain name rights. The article notes that a domain name is still not an independent means of individualization. The author predicts the possibility of further attribution of domain names to means of individualization through the adoption of appropriate norms at the national and international levels. The article concludes that in the absence of an international treaty on the protection of rights to domain names and its relationship with the protection of rights to other means of individualization, the provisions of article 10 bis of the Paris Convention for the Protection of Industrial Property of 1883 on protection against unfair competition have significant potential.