Conflicts between Domain Names and Intellectual Property Rights: Comparative Analysis and Proposals for the Argentine Case

Abstract

This paper addresses the conflicts between domain names and intellectual property rights, analyzing their legal and economic implications within the digital environment. Adopting an analytical approach, the applicable regulations in Argentina, including Provision 187/23, are evaluated and compared to ICANN's Uniform Dispute Resolution Policy (UDRP). The results reveal that while the Argentine system offers adequate regulation at the local level, it lacks both international scope and alignment with global standards, thereby limiting its effectiveness in transnational disputes. In contrast, the UDRP provides a uniform framework but encounters challenges in adapting to local contexts. Our discussion underscores the key differences between these systems, emphasizing the need to integrate international best practices. Additionally, we propose incorporating emerging technologies such as blockchain into the local procedure to enhance record management and dispute resolution, thereby increasing the transparency and reliability of these processes. We conclude that a system combining the UDRP's flexibility and global reach with the adaptability and specific criteria of the Argentine framework would enhance the protection of intellectual property rights, particularly as an extension of trademark law, fostering a safer and more equitable digital environment.