earticle

영어

Domain names have become a valuable intangible real estate of cyber space beyond just internet address. The monetary value of a domain names suggests that it would be proper to classify domain names as a new property. Yet both courts and legislatures are ambivalent in their legal treatment of domain names. The inquiry into whether domain names are a new property leads to other related questions. ; Should a taxes be levied on the property interests by selling domain names to another? Are domain names merely products of service contracts between a registrar and a registrant, and thus not treated as property for garnishment proceedings? Are the interests in domain names similar to license rights? This paper firstly examines the basic legal relationship between a registrar and a registrant and a third party in order to answer the above inquires. And then, analyze recent judicial decisions appraising the nature of the rights for the domain name holder. In particular, focuses on the ones rendered by USA, German and domestic Courts including the recent legislation relating to domain name disputes and subsequent judicial interpretations of the statute. Finally discusses the implications of judicial dissonance in tax-levy on commercial transactions and bankruptcy proceedings involving domain names. This Article concludes that the maturing process of e-commerce requires a clear classification of domain names as intangible property and appropriate legislative protection for the domain name holders and qualify them as a property entitled to some form of legal protection and proper responsibility.