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Bugadova, M.M. The methods of acquiring the rights to domain name

Published in journal "Law and Politics", 2014-1 in rubric "Practical law manual", pages 86-92.

Resume: The research subject of this work is the analysis of the ways of acquiring the rights to domain names, as well as a comparative legal analysis of the international and Russian legislation of methods of acquiring the rights to domain names. Along with the theoretical basis, attention is also paid to the practice, which, as it turned out during the observation, is not always based on the rules of law. Local regulations and agreements, concluded by the parties in the pursuance of fulfilling mutual obligations on the transfer of the rights to domain names, have also been studied in detail. A universal method of cognition has been applied, in particular the principle of objectivity and the comprehensiveness of knowledge and scientific methods, such as observation and analysis, as well as private and scientific methods, including a logical-legal one and a comparative one. The scientific novelty of the work is explained due to the fact that the article identifies the problems that have occurred in recent times, and also offers options to resolve them. There is a need to change the legislation related to the absence of necessary standards in it, therefore it is recommended to pay attention to the procedure of domain name registration, to submit a list of documents required for concluding the rights transfer to the domain name, to make changes to the third part of the Civil Code, according to which the right to use a domain name would be included in the succession mass and passed by inheritance, and to enter the articles providing a limited list of ways to acquire the rights to the domain, which would exclude the possibility of such a transfer on the basis of a court decision.

Keywords: Internet, domain name, ICANN, RosNIIROS, Coordination Center, RU-CENTER, domain registrar, domain administrator, DNS server and assignment agreement.

DOI: 10.7256/1811-9018.2014.1.10363

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