BlogEntrepreneurship & BusinessLegal ResourcesA Blog on How Domain Was so Ineligible to Become Part of Intellectual Property

February 6, 20220
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Is Domain part of intellectual property?! NO!

Intellectual Property is an umbrella term for:
  • Copyright, and
  • Industrial Property
Major forms of copyright and industrial property are:
  • Copyright
  • Related rights to copyright
  • Patents
  • Trademarks
  • Industrial designs
  • Geographical indicators
  • Designations of origin
  • Utility models
  • Trade secret

What if the domain is also very innovative? Still no! Sorry, but we don’t make the laws. However, we interpret them! That is why we made the domain, which could never become an element of intellectual property, today’s topic in Legit.

What is a domain?

 

Domain is the unique address of an online business, which bears the trade name of the enterprise in the “.al” area.

What should I have in mind before registering a domain?

 

Registering a domain should not infringe any intellectual property rights, even though the domain is not part of intellectual property. To simplify it: You can not use, as a domain, a name that is registered as a trademark, even though the holder of this right may not be present online.

The Electronic and Postal Communications Authority (AKEP) has drafted two lists, respectively:

Before choosing the domain’s name you should know these list’s contents well, so that your choice won’t be rejected by AKEP.

Prohibited names:
  • fyej.al
  • lufte.al
  • katil.al
  • imarre.al
  • skazot.al
Reserved names:
  • domain.al
  • drin.al
  • www.org.al
  • www.com.al
  • musinekokalari.al

Here you can check if the domain you are about to register is free of use.

Additional rules:
The chosen name must comply with the syntactic rules

A domain name is a set of alphanumeric characters that includes the letters from A to Z, the numbers from 0 to 9, and the minus sign “-“.

From a syntactic point of view, domain names cannot be registered when:

  • Names consist in only one character
  • Names start or end with a minus “-“
  • Names consist of more than 63 characters
  • Names start with two arbitrary alphanumeric characters followed by two minuses (“xy–” format)
The registered domain should be used 1 year from the date of registration.

The registrar should use his domain within 1 year from the date of registration, otherwise the domain’s name selected by him enters the “free for use” area, and might be reserved by anyone else.

Domain is registered by authorized entities:

The registration fee at AKEP is 5000 ALL for 5 years.

 

How long does the registration process take?

 

The process of registration takes 3 working days, starting from the moment of submitting the application form.

The information filled in the form should be accurate, otherwise it will be returned to the applicant for correction. In such a case, the applicant has only one possibility for submitting the same form again, within the limits of 3 working days.

 

Can someone else register the same domain name in the meantime?

 

The deadline of 3 working days terms guarantees:

  • The possibility to correct / complete errors
  • Reservation of the domain name

In case that, after this deadline, you have not sent the form back, and someone else (e.g., a competitor) thinks of using this domain’s name, we think you will have to find a new name!

The domain does not have to be part of intellectual property (some law scholars may oppose us here), as long as it is business efficient.

Below you can share your opinion with us, or share this blog with your friends and social media!

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