Internet began with WWW (World Wide Web) in 1992. In spite of a short internet history over fefteen years, the number of internet users estimates 3,3580000 people by 73.5%. The ratio of internet use in Korea ranked the 5th in the world in June, 2006, which means Korea is the leading country in IT fields.
Domain Name has brought about many disputes between the trademark holder and the Domain Name registrant for the following reasons: the uniqueness that internationally only one Domain Name can be registered; the same or similar name as the trademark can be registered and used as a Domain Name; the Domain Name Registration Organization permits registration without examining the legality of the existing trademark right according to "first come, first served basis".
Therefore when others get registration of a certain domain name that is a well-known trademark of a company, it creates disputes. especially it can be more serious when ones called as "cybersquatter" registered a well-known trademark as their domain name on the purpose of getting premium from the company using the well-known trademark.
As a result, ICANN (Internet Corporation for Assigned Names and Numbers) established UDRP (Uniform Domain Name Dispute Resolution Policy) and Rules for UDRP in Dec. 1999 for the purpose of swift and cheaper resolution of the disputes based on the first WIPO report in which if a Domain Name is illegally registered and used, said Domain Name can be registration-transferred, cancelled or changed for the legal righter.
Because these disputes need supplementation of National Laws, illegal registration and illegal use of Domain Name are legally prohibited by making Internet Address Laws in Jan. 28, 2004 and Korea also regulated "Illegal Competition Prevention Laws" in Jan. 20, 2004.
Moreover, trademarks are protected against registration and use of domain names in bad faith, by the provisions of the UDRP regardless of registration or publicity of the trademark.
The principles of law concerning domain names are still unclear, constantly developing and changing. Therefore, policy and legislative decisions are critical at this point. As the UDRP was specifically created for the purpose of resolving disputes regarding domain names, it an be a proper means to resolve the disputes as a substitute for courts decisions. if supplemented by proper measures.
When any solution to legal issues concerning domain name disputes will be designed, harmonization between trademark and domain name rights will have a vital meaning for establishing principle.