The Concept and Legal Nature of Domain Names

A domain name is the equivalent of an IP address that provides access to a website on the internet. With the widespread use of the internet, the importance of domain names has grown, and some legal issues related to them may arise. Today, people's desire to conduct all their business online has led to commerce playing an active role in the online environment. For this reason, profit-making organizations have also opted to create websites. Indeed, according to the Turkish Commercial Code, this is a requirement for some companies. Every website has a domain name that provides access to the site. Therefore, the place of domain names in the legal world has become of great importance

Domain Name Concept

Every website has a specific IP address. Because IP addresses, which consist of strings of numbers, are inconvenient to use, domain names were developed. Like an IP address, a domain name is a means of accessing a website. It corresponds to the string of numbers that make up an IP address. However, unlike IP addresses, it is more memorable and readable.

Domain names exhibit a hierarchical structure consisting of a top-level domain and a second-level domain. The second-level domain is the part of the domain name that precedes the dot forming the root. It can also be called the body of the domain name, the first thing that catches the eye. For example, in the domain name “www.hukuk.com”, the “hukuk” part constitutes the second-level domain. The top-level domain is the extension that follows the dot. This extension is an expression determined according to the domain owner, such as “.com, .edu, .gov…”. For example, in Türkiye, we see the “.edu” abbreviation for the English word “education” in the domain names of institutions recognized by the Council of Higher Education. Furthermore, domain names can also include a country code. Each country has its own country code.

The Legal Nature of the Domain Name Concept

The primary function of a domain name is to provide access to a website. However, its significance in society extends beyond this. The secondary domain name, which we refer to as the body of the domain name, also serves the function of identifying the owner of the site, whether an organization or an individual. This function is particularly important in the business world. Indeed, consumers often assume the domain name is the brand name and therefore seek access to the site.

Because the legal aspect of domain names is relatively recent, and due to the lack of sufficient legal regulations on this subject in international countries, several international organizations have been established. While there are many such organizations, we will focus on the most important ones.

ICANN is a non-governmental, non-profit organization founded in 1998. While each country has its own organizations that set rules regarding domain names, all these organizations set their rules within the framework established by ICANN. Therefore, organizations must also meet the general requirements set by ICANN when registering domain names.

WIPO (World Intellectual Property Organization) has concluded that there is a close relationship between trademarks and domain names, and therefore the provisions of trademark law can also be applied here. Furthermore, according to WIPO's 1999 "Report on the Procedure for Internet Domain Names," domain names are protected by intellectual property rights.

In 1999, ICANN introduced the UDRP (Domain Name Dispute Resolution Policy). UDRP is an arbitration process with certain conditions for initiation. These include: the domain name being identical or similar to a trademark, the domain owner having no legitimate interest in using the domain name, and the domain name being registered and used in bad faith. There is also the URS (Immediate Suspension Policy) method, which functions as a precautionary measure. A URS application can temporarily suspend domain name registration. Since the UDRP process takes longer, this avenue can be pursued beforehand. It is possible to pursue both processes simultaneously.

Authorized Domain Name Organization in Türkiye

Turkey's country code is "tr," and some domain names may end with "tr." Certain conditions must be met for a domain name to include the country code. These conditions vary from country to country, with each country defining its own requirements. In Turkey, the authorized body for this was previously the Middle East Technical University (METU) Department of Computer Science, but since 2018, this responsibility has been undertaken by the Information and Communication Technologies Authority (BTK). However, each country's authorized bodies operate according to the framework policy adopted by ICAAN (The Internet Corporation for Assigned Names and Numbers)

Conclusion

We live in an era where almost all of society can conduct its affairs online, spend a large part of its day in the digital environment, and this is increasing every day. In parallel with this, the importance of the domain name concept is also growing day by day.

It is evident that the internet is of particular importance for individuals or businesses using it for commercial purposes. The most serious violations are also seen to occur against these groups. Therefore, special provisions exist for these users.

The global nature of the internet has necessitated the establishment of general rules regarding domain names. ICANN and WIPO undertake this task. Beyond this, each state needs to establish its own rules. New legal protections must be provided in response to emerging legal violations, and legal rules must adapt to this change and development.

Şeydanur TOSUN