Los nombres de dominio en el Internet naturaleza jurídica y conflicto con los signos distintivos en Ecuador

Abstract:

The work analyzes the essential characteristics, the function, and the historical evolution of the domain names system; the regulation and legal nature of domain names and the framework of trademark protection in Ecuador and at the international level. Within this context the paper elaborates on the study and classification of conflicts which arise between the registration of domain names and the assumed holding rights of trademarks. This work examines which sectors and which authorities intervene in these controversies and what has been the effect of the norms that have emanated from the said controversies. The eventual conclusion is that there presently exists an exaggerated preoccupation over the protection of famous trademarks belonging to powerful economic groups and a correlating oversight of problems at the local level and issues related with less recognized trademarks. Based on this conclusion, the paper outlines alternatives for an effective solution for problems associated with these “less recognized” trademarks. The proposed resolution aims to secure the defense of the community’s rights to access to domain names and the benefit to all sectors involved in the matter, without denying the rights of the trademark owners. In this manner the paper concludes outlining the need to create an international framework in which problems are addressed and a system is created on an international scale that permits the regulation of local and international conflicts. Additionally the structure will clearly define parameters that function in light of the general fundamentals of law and that are also in agreement with the specific technical regulations that determine the function of the domain name system.

Año de publicación:

2015

Keywords:

• SIGNOS DISTINTIVOS
• DOMINIO INTERNET
• Legislación
• DERECHOS DE AUTOR

Fuente:

rraae