Saturday, October 27, 2012

Domain Name Transfers in Slovakia and Czech republic

Several months ago the Czech Supreme Court in globtours.cz decision (23 Cdo 3407/2010) rejected the domain name transfer as a part of the tortious claim for removal and thus made it quite difficult to claim the domain name transfers in Czech republic for a while. I did not have a time to report it here earlier, but at least now I am pointing interested readers to my English written article on this issue. The article "Domain Name Transfer before Slovak and Czech Courts" about the praxis of the domain name transfers in Slovakia and Czech republic was published in the new issue of Journal of Intellectual Property, Information Technology and E-Commerce Law. It's abstract reads:

In Europe, a disagreement persists in the courts about the possibility of plaintiffs to request a domain name transfer in domain name disputes. In the last ten years, Slovak and Czech courts also produced some jurisprudence on this issue. Interestingly, the BGH’s influential opinion in the shell.de decision, which denied domain name transfer as an available remedy under German law back in 2002, wasn’t initially followed. To the contrary, several Slovak and Czech decisions of lower courts allowed a domain name transfer using two different legal bases. This seemingly settled case law was rejected a few months ago by the globtour.cz decision of the Czech Supreme Court, which refused domain name transfers for the time being.
Update. Huťko just learned that on 31st of July, the globtours.cz decision was objected before the Czech Constitutional Court (III. ÚS 2912/2012; judge reporter - prof. JUDr. Jan Musil, CSc.).
I also prepared even more detailed Slovak commentary on globtours.cz in the new issue of Revue pro právo a technologie under the title: "Is it still possible to claim the domain name transfer? [Je ešte stále možné žalovať o prevod domény?]". It gives more complex view on the issue for interested Slovak and Czech plaitiffs.

Those among you interested in Slovak case-law on domain names might be also interested in a new collection of the Slovak domain name decisions, which was published just this week free of charge on the website of EISi and is authored again by me. My friend, Slovak domain name expert, Tomáš Abelovský wrote a very nice review of the collection.

6 comments:

Zak Muscovitch said...

Hi Martin,

Is there a UDRP-style domain name dispute resolution system for .sk domain names?

Zak Muscovitch

Huťko said...

Hi Zak,

Not yet. But it was agreed that it will be set up soon. IMHO it will still take some months.

Best,
Martin Husovec

Zak Muscovitch said...

Many thanks Martin. Can you email me at zak@dnattorney.com? I have another question for you! :)

Zak Muscovitch said...

Thanks Martin!

Can you email me at zak@dnattorney.com. I have another question for you if you dont mind :).

Anonymous said...

Hi Martin,
This may be the old post, but I was wondering if there was any change in Slovakia when it comes to UDRP procedure? Many thanks in advance.
Vladimir Marenovic

Huťko said...

Hi Vladimir,

unfortunately yet.

Best Wishes,
Martin