CHAMBER FOR DOMAIN DISPUTES UNDER ROSPATENT. WHY THAT IS RIGHT

Abstract

The article considers the possibility, necessity and reasonability of creating the Chamber for Domain Disputes in the Russian Federation as a quasi-judicial entity in the structure of the Federal Service for Intellectual Property. The authors attempt to identify the main advantages of the activities of the Chamber for domain disputes, to determine the powers of the Chamber in the formation of a domain name dispute resolution system and to establish the principles of its functioning. The issue of the presence or absence of a contradiction between the activity of the Chamber for Domain Disputes and existing regulatory legal acts is being considered.

The thesis is put forward that in the conditions of rapid changes in the legislation of the Russian Federation both in the field of intellectual property and means of individualization, and in the field of regulating the registration and use of domain names, the establishment of the Chamber for Domain Disputes and the establishment of an obligatory procedure for pre-trial consideration of domain disputes will promote adequate protection of the rights and legitimate interests of the right holders of means of individualization and domain name administrators, as well as reducing the burden on the Russian judicial system.