On December 13, 2021, a judge of the Poltava District Court, a candidate for the position of a judge of the High Court for Intellectual Property (IP Court) Stella Tsibizova held a master class for students of the PR-404B group of the Faculty of Law on the specifics of considering domain disputes in Ukraine.
In her speech, the judge paid attention to the problems of litigation of domain disputes, analyzed a set of changes and additions to security measures on the Internet, and also offered her vision of ways to overcome the problems of litigation of domain disputes in Ukraine.
“In Ukraine, court practice in the field of domain disputes is still not very common, but every year there is a trend towards its increase. Perhaps this is because the resolution of domain disputes requires special knowledge in the field of exact sciences in general and information technology in particular. This is the most difficult for the participants in the domain dispute, ”said Ms. Stella.
Separately, the judge dwelled on the comparison of domain dispute litigation with alternative procedures (ADR - Alternative Dispute Resolution), noting that litigation and arbitration have their specific problems. At the same time, in Ukraine, the advantages of judicial protection remain the availability of legal proceedings, the principle of the finality of a court decision and the possibility of protecting the rights not only of the owners of trademarks, but also of other objects of intellectual property rights.
Summing up the event, Stella Tsibizova noted that today the national legislation regarding domain names is imperfect, and therefore, when considering domain disputes for more effective protection of rights, legal customs are used, which are embodied in Internet documents and regulations of the corresponding domains. which is consistent with international experience.