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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