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https://www.um.edu.mt/library/oar/handle/123456789/124078| Title: | The legal nature of domain names |
| Authors: | Caruana, Claudio |
| Keywords: | Internet domain names -- Law and legislation Internet governance -- Law and legislation Trademarks -- Law and legislation Intangible property -- Protection Intellectual property -- Protection |
| Issue Date: | 2014 |
| Publisher: | European Law Students' Association Malta |
| Citation: | Caruana, C. (2014). The legal nature of domain names. ELSA Malta Law Review, 4. |
| Abstract: | The legal nature of domain names is one of the most controversial issues on the Internet and is part of the debate concerning the type of legal principles we should apply on new rights deriving from cyberspace. Currently, there are two schools of thought on this issue: according to the first one, domain name should be considered as contracts for services, which derive out of the contractual relationship between Registrars and Registrants. The second one considers domain names as intangible property rights belonging to the domain name holder. Based on existing case law in various jurisdictions as well as basic theory convictions of property and contract, you are asked to evaluate what the legal nature of domain names is and what this legal nature means for domain names. |
| URI: | https://www.um.edu.mt/library/oar/handle/123456789/124078 |
| ISSN: | 23051949 |
| Appears in Collections: | ELSA Malta Law Review : Volume 4 : 2014 ELSA Malta Law Review : Volume 4 : 2014 |
Files in This Item:
| File | Description | Size | Format | |
|---|---|---|---|---|
| The legal nature of domain names 2014.pdf | 468.41 kB | Adobe PDF | View/Open |
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