Domain Names, Names of Mass Media and Names of Non-Commercial Organizations as Means of Individualization

<p>The aim of this thesis is to investigate such objects as domain names, names of mass media and names of non-commercial organizations with a view to their recognition as the means of individualization.</p><p>The thesis puts the greater emphasis on the domain names because of the lack of their legislative regulation. The goal of the study is to describe the essence of domain names, their functions and differences from traditional means of individualization. Another aspect of the thesis is analysis of the project of the RF Civil Code Fourth Part (2006), which contained the section about domain names. Also there is the study of Intellectual Rights Court practice in the sphere of disputes between domain names and means of individualization in the thesis.</p><p>Another aim of the thesis is to analyze current legal status of mass media names and non-commercial organization names, including court practice regarding the disputes between these objects and means of individualization.</p><p>The thesis concludes that domain names do not have substantial differences from traditional means of individualization. The thesis also contains the idea that the reason of the exclusion of domain names from the project of the RF Civil Code Fourth Part was political but not juridical.</p><p>The analysis of court practice made in the thesis shows that today domain names have not defense against the means of individualization rightholders. The result of it is the problem of the domain names recapture. Nevertheless, there is the positive court practice when bona fide possessors can protect their domain names if it was registered before than means of individualization.</p><p>There is the conclusion in the thesis that today domain names are means of individualization in fact and have real commercial value. This is the reason of the necessity of domain names legislative regulation as means of individualization.</p><p>As to mass media names and non-commercial organization names, the thesis contains some ideas. These objects are not protected by the RF Civil Code. But their regulation containing in other laws allows to defend it from means of individualization rightholders in cases when mass media names and non-commercial organization names are registered before than means of individualization.</p><p>The thesis concludes that mass media names recognition as the mean of individualization is superfluous because mass media is not a civil law institute.</p><p>On the other hand, non-commercial organizations and their names are the civil law institute. Non-commercial organizations have the right to conduct entrepreneurial activity. So they need to individuate their goods and services. Because of it, the conclusion of the thesis is the necessity of non-commercial organization names protection as the mean of individualization.</p>