Domain Names

Question 1

Are domain names protected and recognized as IP objects in Russia?

Answer 1

Part IV of the Civil Code does not list domain names among objects of IP. A registered domain name by itself is not considered a prior right impeding the registration of a trademark.
The domain names in the .RU and .РФ generic top-level domains (also known as gTLDs) are registered in Russia on a first-come, first-served basis by several registrars. When registering domain names, the registrars neither check nor require domain name applicants to prove that they have a legitimate right to use the names they seek to register.
Pursuant to Part IV of the Civil Code, no one may use, without the permission of the trademark owner, designations that are confusingly similar to a trademark in respect of goods and services for the individualization of which the trademark was registered, or similar goods. The law specifies some acceptable but non-exhaustive forms of use of a trademark by its owner. The exclusive right to a trademark may be exercised, in particular, by the use of the trademark on the internet, including its use in domain names and other means of address.

Question 2

prior right impeding the registration of a trademark

Answer 2

преимущественное право, препятствующее регистрации товарного знака

Question 3

generic top-level domains

Answer 3

Общие домены верхнего уровня

Question 4

on a first-come, first-served basis by several registrars.

Answer 4

в порядке очередь несколькими регистраторами

Question 5

What is the current court practice in domain name disputes?

Answer 5

In recent years, the number of disputes concerning domain names has significantly increased.
There is no procedure similar to the Uniform Domain Name Dispute Resolution Policy in Russia. Therefore, all disputes concerning domain names in the .RU and .РФ domain zones that are not amicably resolved must be taken to court.
A few years ago, there was consistent judicial court practice based on the position of the higher arbitrazh court.196 According to that practice, disputes on domain names used for commercial activities were generally considered by the arbitrazh (state commercial) courts regardless of whether the defendant was an individual or a legal entity/individual entrepreneur.

Question 6

To intentionally mislead consumers

Answer 6

Намеренно вводить в заблуждение потребителя

Question 7

To create obstacles

Answer 7

Создавать препятствия