The problem of determining the legal nature of Domain names

Abstract

DOMAIN NAMES contributed significantly in the development of  e- life, its key role was to facilitate the access to various sites on the network, it expanded in time to play a significant  role of marketing  these sites and the services they provide over the Internet, which Increased the value of these names and consequently resulted in the occurrence of competition  and disputes between the owners of these domain names and claimants of rights regarding these names, such as owners of trademarks, trade names , personal names, and geographical indications. despite the increasing value of domain names - particularly  in commercial fields -it was not regulated in a separate  law in most countries of the world, which led to the occurrence  of different opinions in determining their legal nature in the absence of Legal regulation regarding these names.  this study clarifies the legal nature of DOMAIN NAMES and their inconsistency with the general legal systems ,specifically the Trademark Law, and the need to regulate them in a separate law due to the inadequacy of the existing legal systems ,and also highlights its shortcomings and its  inability to protect DOMAIN NAMES,as a conclusion this study suggests enacting international treaty concerning domain names ,in which the member states of the treaty  are obligated to amend their domestic laws in accordance with its rules specifically enacting a separate domain names  law,