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Italy (‘.it’)

Philipp Fabbio

in Domain Name Law And Practice: An International Handbook

Statutory provisions dealing specifically with domain names are found in the Codice della Proprietà Industriale (‘the CPI’),1 ss 12(1)(c), 22, 118(6), and 133. Sections 12(1)(c) and 22 define the ... More

Statutory provisions dealing specifically with domain names are found in the Codice della Proprietà Industriale (‘the CPI’),1 ss 12(1)(c), 22, 118(6), and 133. Sections 12(1)(c) and 22 define the scope of trademark protection. In doing so, they also consider interference with domain names that are used in the course of a business activity (nomi a dominio aziendali). Sections 118(6) and 133 deal with remedies for trademark infringements and make explicit reference to domain names as well. Besides these specific rules, conflicts before the Italian courts based on domain name registrations are to be resolved according to the general rules of trademark, competition, and civil law. Less

People’s Republic of China (‘.cn’)

Lian Yunze and Liu Yuping

in Domain Name Law And Practice: An International Handbook

In China, trademarks are governed by the Trademark Law (amended in 2001) and the Regulations for Implementation of the Trademark Law (amended in 2002), which provide that any natural person, legal ... More

In China, trademarks are governed by the Trademark Law (amended in 2001) and the Regulations for Implementation of the Trademark Law (amended in 2002), which provide that any natural person, legal person, or other organization intending to acquire the exclusive right to use a trademark for the goods produced, manufactured, processed, selected, or marketed by him or it, or for the goods provided by him or it, shall file an application for the registration of the trademark with the Trademark Office. The China Trademark Office (CTMO) of the State Administration for Industry and Commerce (SAIC) of the People’s Republic of China is responsible for trademark registration and administration. Less

Singapore (‘.sg’)

S.C. Tan Tee Jim

in Domain Name Law And Practice: An International Handbook

Under Singapore law, protection for trade marks may be available both under the Trade Marks Act (Cap. 332, 2005 Rev Ed ‘TMA’) and at common law. These two systems function independently of each ... More

Under Singapore law, protection for trade marks may be available both under the Trade Marks Act (Cap. 332, 2005 Rev Ed ‘TMA’) and at common law. These two systems function independently of each other. This section provides a brief summary of the two systems, with a more detailed analysis being provided under Section IV (Court Litigation and National Laws). Less

Spain (‘.es’)

Albert Agustinoy Guilayn

in Domain Name Law And Practice: An International Handbook

Spanish protection for trademarks and distinctive signs is based on the provisions of Act No 17/2001 (hereinafter, the ‘Spanish Trademarks Act’ or ‘STA’), which has been in force since 2002.

Turkey (‘.tr’)

Mustafa Aksu

in Domain Name Law And Practice: An International Handbook

The Trademark Decree-Law constitutes an important component in the alignment of Turkish trademark law with European laws concerning intellectual property. According to the Trademark Decree-Law, ... More

The Trademark Decree-Law constitutes an important component in the alignment of Turkish trademark law with European laws concerning intellectual property. According to the Trademark Decree-Law, protection is only possible for registered trademarks (Trademark Decree-Law, Article 6). Unregistered trademarks must instead rely on the unfair competition law provisions of Articles 54 to 63 of the Turkish Commercial Code (hereinafter TComC). Less