A New Mechanism for the Protection of Trademarks on the Internet in the Courts of Uzbekistan

Abstract

Today, the expansion of trade relations in the material space to the virtual space creates a favorable trading environment for participants. However, the development of the Internet, along with its positive aspects, has become a place of dishonesty for some parties. World-famous brands` domain names are being misappropriated resulting in tendencies of unfair market-competition. In some countries, this practice is called as a cyber-piracy, while in our country it is named as an unfair competition. While this illegal activity is regulated by the relevant legislation and court documents in foreign countries, the issue of determining its legal status in our national sphere is still remaining to be under covered. It should be noted that those rules are adjusted to the narrow meaning of the legal status and consequences of cybercrime. That is, the appropriation of a trademark in domain names, the elimination of its legal consequences, special mechanisms to prevent this (as a rule, the availability of technical measures), the legal assessment of the actions of the perpetrator, the process of discovery of such actions as a cybercrime are not developed according to the laws and practices of foreign countries. Thus, these cases are discussed in detail in the following article. Cybercrime is analyzed on the basis of the judicial practice of foreign and national courts, followed by drawing appropriate conclusions and recommendations.