& i p management i p identification, protection an introduction to domain names matthew hall managing director i p protection governance policy compliance commercialisation strategy artifex advisors july 2015
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in brief q A domain name is an alias for an Internet Protocol (IP) address q In order to use a domain name, it must be registered with an accredited registry q A domain name is registered for a specified (limited) period of time, for at least one year, to a maximum of 10 years q Renewable on an ongoing basis
no ownership of a domain name The online equivalent of a street address licensee has no proprietary rights No distinction between different goods
top level domains (TLDs): generic TLDs q Generic top-level domains (gtlds) are the ones most often seen on the Web. Examples include: Ø Ø Ø Ø Ø.com (originally for use by commercial organisations & now generally available).net (originally for use by sites directly related to the Internet but now generally available).org (for use by non-profit organisations).edu (for use by educational institutions).gov (for use by government)
Country code TLDs (cctlds) are unique 2 letter codes They are used in connection with domains associated with (& subject to the domain authority for) a particular country or geographic region The United States is the only country that does use a cctld All domains within the.au cctld, and all participants (registers; registrants; resellers) are subject to, & must agree to, the authority of.au Domain Authority Limited (auda).au.nz.eu.cn.ca.sg.tv Country code TLDs
allocation of no. s for ip addresses allocation of names global at asia pac region Who is involved?.to registrars.au domain allocated to isps to registrants to devices Who does what?
q auda is endorsed by the Australian government to administer the.au space q Although the Government continues to retain certain reserve powers under the Telecommunications Act 1997. q In October 2001, auda entered into a sponsorship agreement with the Internet Corporation for Assigned Names and Numbers (ICANN), recognising auda as the.au authority
Develop and implement domain name policy License 2LD registry operators Accredit and license registrars Implement consumer safeguards Facilitate.au Dispute Resolution Policy Represent.au at ICANN auda s role & functions
.au Dispute Resolution Policy q Administrative procedure to resolve disputes over registration of or entitlement to register.au domain names q Forms a term of licence agreement between registrar & the registrant/licensee to use name q Applies to asn.au, com.au, id.au, net.au and org.au (all from 1 August 2002 ) & edu.au (19 June 2003) q Complaints under the policy are not dealt with by auda they are submitted to an auda approved audrp Provider (listed on auda s website)
Ø the domain name is identical or confusingly similar to a trade mark in which the complainant has rights Ø the registrant has no legitimate interest in the domain name 3 elements to prove Ø the domain name has been registered or used in bad faith decided by a panel (1 or 3 members) appointed by providers
Many businesses recognise the importance of a domain name that directly relates to their products or services Few have a strategy relating to obtaining, maintaining & protecting these invaluable online assets dealing with: Do you have a strategy? Ø Category killers Ø Common misspellings Ø Common abbreviations Ø Gripe domains
Decide what domains are critical Secure registrations of key names (& variants) in those domains Monitor key terms/new registrations in those domains Know how search engine optimisation works what can you do? Know how your customers (or the market) search for your (or competing) services Control key search terms & Adwords
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For more information or for any assistance with any issues you are facing with branding or trade mark protection matthew hall managing director solicitor & registered trade mark attorney please contact +61 2 8068 7233 matthew@artifexadvisors.com www.artifefexadvisors.com @artifexadvisors au.linkedin.com/in/matthewhallau @One4Hall a r t i f e x advisors abn 23 601 715 600