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9 J. World Intell. Prop. 1 (2006)

handle is hein.journals/jwip9 and id is 1 raw text is: The Journal of World Intellectual Property (2006) Vol. 9, no. 1, pp. 1-24 Territorialism versus Universalism: International Intellectual Property Law in the Internationalized Domain Name System Hong Xue University of Hong Kong This paper explores how the present international intellectual property law can be applied to resolve the new conflicts arising from the internationalized domain name system (DNS), in which non-Latin characters are permissible for direct use in domain names. It also analyzes the two approaches to address this issue: one approach that territorializes the rights and disputes on the borderless Internet, and another that universalizes the rights on the global medium. By presenting a comprehensive study with respect to the relevant international intellectual property law and practices, this paper attempts to research whether a balanced solution to the conflict between the legal system and the technical system could be sought out through maintaining the principle of territoriality of intellectual property protection, and it also examines the alternative procedure built in the DNS for the resolution of intellectual property controversies, namely the Uniform Domain Name Dispute Resolution Policy, and assesses whether the alternative procedure that actually supersedes the principle of territori- ality is consistent with the existing international intellectual property law and interoperable with the internationalized DNS. Keywords internationalized domain names; territorialism; Uniform Domain Name Dispute Resolution Policy Introduction The Internet, which is the basic global information infrastructure, was first started and developed from ARPANET in the United States. Naturally, the Internet acquired its primary language from its homeland. However, English dominance results in language barriers in non-English speaking countries and for non-English speaking users. This has contributed to a digital divide between English and non- English speaking countries or communities. In turn, in some non-English speaking countries or communities this has limited the ability to fully maximize the Internet for information access and economic growth. A variety of technologies have been deployed to overcome the language barriers on the Internet. The widespread use of the World Wide Web makes non-English content available online. By the end of March 31, 2005, the number of the world Internet users reached 888,681,131, and Asia has become the continent with the largest Internet population.' Not surprisingly, the culture of the Internet has changed. By the end of March 2005, the top 10 languages used on the Internet © 2006 The Author Journal Compilation © 2006 Blackwell Publishing Ltd 1

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