ICANN mechanisms to protect the trademark from piracy in the digital environment
DOI:
https://doi.org/10.59791/elhaoukama.v3i1.1956Keywords:
DomainName, Cybersquatting, Rules for Uniform Domain Name Dispute Resolution Policy, Uniform Rapid Suspension, Trademark Post-Delegation, Dispute Resolution Procedure.Abstract
The Internet Authority for Assigned Names and Numbers , is an active protector of the brand in the digital environment. The evolution of the Internet in recent decades and the issue of the governance of this network have led to the establishment of this institution in a framework that is far from profitable.
As a result of the emergence and growing phenomenon of cyberpiracy and its infringement of intellectual property rights, notably the trademark, the institution's functions have expanded to include a number of administrative mechanisms as well as its role in the management and management of the Internet, as an attempt to respond to such abuses against trademark owners both before or after their occurrence.
These mechanisms have reduced pressure on courts, some of which may lack the expertise to resolve this type of dispute, and to achieve a degree of balance between the rights of the domain name registrar and the owner of the trademark so that it does not become an arbitrary mechanism and control of domain names in favour of commercial interests at the expense of the rights and freedoms of persons, in addition to reducing the severity of this phenomenon and closing its outlets as much as possible.