In this book Konstantinos Komaitis identifies a tripartite problem a " intellectual, institutional and ethical a " inherent in the domain name regulation culture. Using the theory of property, Komaitis discusses domain names as sui generis a e-propertya (TM) rights and analyses the experience of the past ten years, through the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Anticybersquatting Consumer Protection Act (ACPA). The institutional deficit he identifies, generates a further discussion on the ethical dimensions in the regulation of domain names and prompts Komaitis to suggest the creation of an environment based on justice.
The relationship between trademarks and domain names has always been contentious and the existing institutions of the UDRP and ACPA have not assisted in alleviating the tension between the two identifiers. Over the past ten years, the trademark community has been systematic in encouraging and promoting a culture that indiscriminately considers domain names as secondclass citizens, suggesting that trademark rights should have priority over the registration in the domain name space.
Komaitis disputes this assertion and brings to light the injustices and the trademark-oriented nature of the UDRP and ACPA. He queries what the appropriate legal source to protect registrants when not seeking to promote trademark interests is. He also delineates a legal hypothesis on their nature as well as the steps of their institutionalisation process that we need to reverse, seeking to create a just framework for the regulation of domain names. Finally he explores how the current policies contribute to the philosophy of domain names as second-class citizens.
With these questions in mind, Komaitis suggests some recommendations concerning the reconfiguration of the regulation of domain names.
The days when title to land was always proved by the production of a bundle of deeds are long gone; today, most landowners in England and Wales have registered title to their land. That means that their ownership is recorded on a register kept by Land Registry. Entry on the register is all that is needed to prove title, and the law does not allow buyers of land (or lenders) to look behind the register at the deeds and other documents to establish their title. Furthermore, the law guarantees the correctness of the register. The terms of reference for this project was broadly stated as comprising a "wideranging review" of the LRA 2002. This Paper is divided into ten parts: Part 1 explains the project; 2 considers the registration of estates and dispositions of land; 3 considers the land registration rules on priorities which determine when and against whom a property right is Enforceable; 4 addresses the question of indefeasibility; the circumstances in which the register can be changed and when such changes trigger an entitlement to an indemnity; 5 looks at specific matters relating to easements; 6 examines the provisions of the Act on adverse possession; 7 addresses some specific issues relating to mortgages or charges over registered land; 8 considers the development of electronic conveyancing; 9 looks at the jurisdiction of the Land Registration Division of the First-tier Tribunal (Property Chamber) and finally, in part 10 they gather together provisional proposals for reform and other questions on which the views of consultees are invited
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