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留学生法学硕士论文-域名争议相关法律文献英文论文-the Korea Network Information Centr

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Domain name dispute reforms introduced. By: Cho, Tae-Yeon; Seo, Ik-Hyun. Managing Intellectual Property, Nov2004, Issue 144, Following p59-59, 4p, 2 Color Photographs; Abstract: This article reports that domain names in Korea dispute reforms. Early decisions on domain names in Korea have provided rights owners with mixed results. But tae-Yeon Cho and Ik-Hyun Seo of Cho& amp; Partners in Seoul argue that new laws will be more effective in deterring cybersquatters. It was only a few years ago that domain name disputes were still a novelty in Korea. The new provision prohibits the registration, possession, transfer or use of a domain name by one who does not have legitimate rights to it, where the domain name is identical or similar to another's name, trade name, trade mark or indication that is widely recognized in Korea, where the purposes of the registrant are listed in the article.; (AN 15229311)
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Section: Sponsored editorial: Korea: domain names
Domain name dispute reforms introduced
Early decisions on domain names in Korea provided rights owners with mixed results. But tae-Yeon Cho and Ik-Hyun Seo of Cho & Partners in Seoul argue that new laws will be more effective in deterring cybersquatters

It was only a few years ago that domain name disputes were still a novelty in Korea. When the first .kr based domain name disputes began to arise in the late 1990s, there were no proceedings tailored for this specific problem, leaving companies no other option but civil litigation. A handful of civil actions were cautiously pursued at the earliest stages. However, it was clear that the courts were having a difficult time framing this new problem within the context and structure of existing laws (mainly trade mark and unfair competition claims), which were historically designed and interpreted for conventional situations where physical goods or signs were involved. The first set of such decisions were quite mixed in both results and analysis.

In January 2002, the Korea Network Information Centre (KRNIC), which is responsible for assigning and managing .kr based domain name registrations, created the Domain Name Dispute Resolution Committee (DDRC) and established a mediation procedure for domain name disputes. Because it was not a legal proceeding, the only remedy under the newly-created mediation was either cancellation or transfer of the domain name registration in dispute. However, it proved to be an enormous success, and in most cases, the preferred option over costly litigation where little, if any damages, could be expected anyway. The grounds for the mediation procedure included those based on traditional trade mark and unfair competition claims, but also added a completely new provision for bad faith registration, which covered a great deal of cases that would not have easily fallen into a traditional trade mark or unfair competition theory.



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