A Comparative Study of the Means of Resolving Domain Name Disputes
The research tries to examine the extent to which the Jordanian legal system is capable of dealing with the problem of cybersquatting. It argues that the current Jordanian legal system is not currently capable of dealing with the problem of cybersquatting, and this is due to several reasons.
The research paper pin points several flaws inherent in the current domain name registration system and policy of the National Information Technology Center (NITC), the only entity responsible for registration of (.jo) ccTLDs.
The research paper examines the different mechanisms followed worldwide to deal with domain name disputes; although there is no single formula or approach, and ccTLDs registries adopt several mechanisms at the same time to solve domain name disputes, the paper compares these systems and tries to suggest a comprehensive system for NITC and Jordan based on situation of the country. The paper argues that NITC has not adopted a specific domain name dispute resolution policy to deal with domain name disputes under the .jo space and a clear policy for resolution must be put in place.
The paper mainly examines two options available to the legislator in Jordan which are either to amend the existing laws of trademarks, unfair competition or to have a specific legislation to deal solely with cybersquatting. Further, this paper argues that unfair Jordanian competition laws should be amended to cope fully with the problem of cybsesquatting; furthermore, the NITC should change its current registration policy to be compatible with the international standards followed world wide by the ccTLDs registries. The paper also provides suggestions and recommendations for development of .jo domain name space.
The full paper is available here.