Legal Issues in International Web Thesis

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To date there have not been any uniform dispute resolution rules put into place by the FAPESP (Daniel, 2002). According to Aoki, "Disputes involving.br Top Level domain name registration must be solved through settlement between the parties or litigation. To solve a.com Top Level domain name dispute, Brazilian companies are presenting claims before the ICANN panel (Internet Corporation for Assigned Names and Numbers), a World Intellectual Property Organization (WIPO) administrative organization" (2001).

The first company in Brazil to bring a claim before the WIPO was a telecommunications company known as Embratel. Their grievance was with the domain names "embratel.net" and "embratel.com," which had been registered by a third party in the United States. The panel ruled that Embratel had rights to these domain names. They based their decision on the fact that Embratel is a recognized trademark around the world (Aoki, 2001).

Since domain names are used around the world, and conflicts with them affect many people in many different countries, it seems that having an international organization to handle the registration of and police the use of these would be the best idea. The ICANN is a good start, but needs to be expanded so that one set of rules and regulations would be enforced in every country.

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With each country having their own rules and regulations it is hard for a company that wants to bring a complaint to know where to start. If an international organization were given the authority to mandate rules and regulations that had to be followed by everyone, the handling of disputes would be much easier and fairer. The issue of domain name disputes is only going to grow as the Internet becomes more popular around the world, and having a uniform way to deal with these issues will make things run a whole lot smoother......

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