News date: 26 November 2020
Dmytro Nikulesko, an Attorney at Law of the Intellectual Property Practice at Ilyashev & Partners Law Firm, delivered a speech on Innovations of the Domain Name Disputes at the VII Intellectual Property Forum, held on 25 November 2020 in Kyiv. The event was organized by Yurydychna Praktyka Publishing House.
In his report Dmytro spoke about the ways, advantages and disadvantages of resolving the domain name disputes through the amicable settlement, the resolution by national courts and with the help of the WIPO Arbitration and Mediation Center.
Dmytro pointed out that today the most effective way to resolve domain name disputes in the .UA and .COM.UA domains is to apply to the WIPO Arbitration and Mediation Center.
“From the moment we’ve got an opportunity to file claims to the WIPO Arbitration and Mediation Center in relation to the .UA and .COM.UA domains, the center arbitrators reviewed about 30 cases, of which only one claimant’s complaint was denied”, – said Dmytro Nikulesko.
According to Dmytro, one of the main problems of judicial protection in the domain name disputes is a quite long period of case consideration, especially by the courts of general jurisdiction.
The panel participants discussed the changes in the TM laws, TMs and generic concepts, geographical indications, well-known TMs and the introduction of the Bolar exemption.
VII Intellectual Property Forum is an annual event for the IP lawyers, legal advisers, patent attorneys, forensic experts, judges and representatives of public authorities.