The foundation and the companies found a gap in the global informatic net that they can see all the world and frontage which demonstrate and sell the commodities and productions for the others .
Any computer , which has a connection with the net , must distinguish by digital address called (IP).It is a seariace of numbers written in four column suppurated by three dots like (169.18.15.06) ., Because of the difficulties to save and remember like this digital amount longing in feasible of using the internet and makes it more easy and accepted , Special tool created which is working to refer to any digital address by logical address . This logical address make a meaning for the digital address in order to be more easy in saving , remindering and will not leave it a sum of bar numbers which are difficult to remember. These tools called (DNS) abbreviation of “ Domain Name System ” .
Domain Name is containing of words suppurated by dots, for example :-
The Domain Name of University of Sharjah >> .
q The Domain Name divided by three parts :-
(1) Prefix , .
It is a technical feature that make the users of the internet sure of entering the net environment .
(2) Radical, which is in above example. It is the main element in the Domain Name and the main acquaintance for this name and its owner. It is usually his commercial name or one of his commercial Marks.
(3) Suffix , which is in above example : It limits the nature of distinguished activity of the location (and/or) the geographical area by which it emanated or created in .
- The Domains in two types :
(A) The first or high Domains :
It located in the right of the last dot in Domain Name . Whether it is geographical like (ae) in Domain Name (http://www.sharjah.ac.ae ) or quality like in Domain Name .
(B) The Second Level of Domains :
They contain of the left part of the last dot in Domain Name . In this process, the responsible of register and held the Domain Names in the highly quality level, can publish the service to inferior levels , for example :-
In UAE, the Domain branches created like for educational foundation and for government foundations.
In this research , we tried to clarify the important of Domain Name, the steps of register the name, and the authorities who have the responsibility to register in both sides local and international. Also , we tried to touch legal system for this name . further more, we clarified the lawful adoption and the picture of clashes that happened between this system and the other shapes of intellectual property . and the ways of solution of these conflicts in front of the local judicial or by political administration to solve the conflicts which created by Al –Ekan foundation . We discovered that Domain Name was tool to address the internet public to particular location like the name of the road in the post address . Nevertheless, it became a tool to show the source of goods or service and symbol to distinguish digitronic location or assumption shop on the net. So that , It became a distinguished sign .
The owner of the location depends on this sign to get the customers and connects them with this location. It’s a distinguished element incorporation with the electronic commercial project element , and place of intellectual ownership must be saved .
Previously speaking, was to protect the Domain Name by trying to approximate it to one or more of the distinguished signs or other rights of the ownership . It is like the publisher and establishment rights. We suggested to register the Domain Name as trading Mark at the begining to be save from any attack, and this protection will be under the commercial Marks law. In UAE, We expect to necessity of legislative enter fear where the internet is useful. Emirates informational internet center is working hard to register the Domain Names in order to limit a cheer legal system for these names and internet addresses in general, and it will not leave the subject just conditions to the users by putting contracts containing many difficult conditions to make the center a side from any responsibility while the user will take all the responsibility.
"The Domain Names In The Global Informatics Net (Internet) The Concept and the Legal System,"
Journal Sharia and Law: Vol. 2006
, Article 4.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2006/iss25/4