HE RUSSIAN ARBITRATION CENTER FOR DOMAIN DISPUTE RESOLUTION AS A MEANS OF EFFECTIVE STRUGGLE FOR THE RIGHTS OF RUSSIAN RIGHTHOLDERS AND DOMAIN NAME REGISTRANTS

Abstract

The authors consider the possibility and appropri- ateness of creating a specialized Arbitration Centre for the resolution of domain name disputes arising in the national domain zone (.RU, .РФ, .SU domains) and in a new gTLDs (new-level domain zones created since 2012) operated by companies, registered in the territory of the Russian Federation. The authors try to define the goals of the Russian Arbitration Center for resolving domain disputes both for the defence of rights and legitimate interests of the holders of means of individualization and domain name registrants as well as the improvement of the efficiency of the domain disputes regulatory system in the Russian Federation. The authors propose the steps to be taken to start the functioning of the Russian Arbitration Center. They also put forward the assumption, that the creation of such an arbitration organization will become a step towards its accreditation by ICANN as a center for resolving domain disputes in accordance with the UDRP procedure for gener- ic top-level domains (gTLDs), some country code top-level domains (ccTLDs) and all new generic top-level domains (new gTLDs) in the territory of Russian Federation and the EAEU member states. The relevance of this article is due to the changes in the legislation of the Russian Federation that have occurred in recent years regarding the regulation of the domain names area, to the forthcoming approval of the registration rules for the national domain zone domain names and, to the authors opinion, due to the legal and factual readiness of the Russian Federation to move to the next level of legal regulation of «domain relations» and domain disputes resolution.