Maxwells

Domain Names

 

What does it protect?

Domains names are essentially addresses on the Internet.  They are the textual addresses for a location on the Internet which correspond to the actual alpha numeric address which the Internet computers can read.

Two of the most familiar types of web addresses is where the domain name is prefixed by “www” (for example www.pyms.com.au) and email addresses where the domain name follows the “@” symbol (for example mike@pyms.com.au) .

What is the ‘monopoly’ right that it provides?

When you obtain a registered domain name, you are provided with a licence to use the domain name exclusively for a specified period of time.  In Australia it is necessary to establish a link between your domain name and your business or products and services.  There is not the same restriction in other countries eg .com in the US.

You may be eligible to obtain a domain name that matches your registered trade mark or registered trade mark application, even if it is not your registered business name (If this name has not already been allocated).

How is the right created?

In Australia, auDA is the government endorsed policy authority and industry self-regulatory body for the .au domain space.  They register and administer all Australian domain names (that end in .au).

Australian domain names have a fixed expiry date 2 years from the date of registration.  You can also renew your domain before the expiry date and a maximum of 30  days after the expiry date. 

The .au domain name is divided into a number of second level domains (2LDs).  Rather then being able to license your name in a 2LD, e.g. “yourbusinessname.com.au” or “yourbusiness.org.au” you may choose “yourbusiness.net.au” or yourbuiness.asn.au” etc.

Each 2DL serves a specific type of enterprise and there are various options. Some are closed to the general public and are only available to specific entities within a defined sector such as government or the community sector.  Others are open to the general public, but are subject to eligibility criteria.  When it comes to registering a domain name, you can choose the 2LD which best suits your purposes. 

 

 

Global protection

ICANN a US based company, (the Internet Corporation for Assigned Names and Numbers) manages domain names globally.  ICANN accredits the worldwide domain name registrars who are able to provide international domain name registration. Registering a domain name provides you with the exclusive licence to use that domain name for a specified period of time.

ICANN has adopted a domain name dispute resolution policy for all of its accredited registrars.   Dispute proceedings arising from alleged abusive registrations of domain names (for example, cybersquatting) may be initiated by a holder of trademark rights. 

The domain name dispute resolution policy between registrars and customers is included in the registration agreements for all ICANN accredited registrars. 

How can the right be assigned?

You can’t sell a domain name to another person as you don’t own a domain name.  You hold a licence to use the domain name for a specified period of time.   

You may be able to transfer your domain name licence to another person in a number of limited circumstances.  For example if you sell part or all of your business or assets and the Deed of Sale includes the transfer of the domain name licence.  You could also assign part of all of your IP rights including your domain name licence to another person if this is included in the Deed of Assignment.   

Costs of obtaining the right

The prices for domain name registration may vary depending on the length of the license and the type of domain name chosen.  The fees vary but are generally between $20-100 per domain name.


 

 
 

Which contract is best for me?


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