Field Of Intellectual Property Law Research Articles

The protection of internet domain names in Israel and Palestine

Rights over Domain Names (DNs) arise from the contract that governs the relationship of the DN registrant with the registrar (the entity that undertakes DNs registration on the internet). Additionally, rights may also be established under Intellectual Property Rights (IPRs) created and governed by the statute concerned. This paper provides a comparative analysis of DNs protection in the field of intellectual property law. Focus is centred upon the study of the Israeli and Palestinian law. The purpose of this study is to find out the similarities and differences between the two legally recognised rights in a case of infringement and simultaneously between those two rights in the Israeli and Palestinian jurisdictions. In order to achieve such a purpose, the DN's legal status and dispute treatment will be underlined. A comparison of the instrument and means of protection will follow. The research will deal with the various aspects of infringement, paying particular attention to the problems of the adequacy of trademarks law to internet DNs and the difficulties encountered in both jurisdictions.

CRIMINALISING COPYRIGHT: A STORY OF PUBLISHERS, PIRATES AND PIECES OF EIGHT

On 6 December 2006, the Gowers Review of Intellectual Property unveiled its much-anticipated report investigating whether intellectual property law was still “fit for purpose in an era of globalisation, digitisation and increasing economic specialisation”. The Review, which had one year in which to cover the entire field of intellectual property law, concluded that there was no need for radical overhaul of the system. However, it did make a number of recommendations for reform and one area it considered to be particularly important was strengthening enforcement of IP rights. In recent years, concerns about the inadequate enforcement of intellectual property laws have focused mainly on copyright law and the entertainment industries. More specifically, they have centred on the opportunities for copyright infringement offered by digital technology and the internet. The music industry was the first to find itself out of its depth in the brave new digital world, and the film industry quickly followed. “Piracy”, we are told, is now rife and must be fought at every opportunity.