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Canadian Journal of Law and Technology

Keywords

domain names, intellectual property, security interest

Abstract

There has been increasing study of the issues involved in using intellectual property as a security interest, but little corresponding consideration of domain names. The ascendancy in value of domain names to modern business increases their usefulness as a security interest to lenders and borrowers alike. Their use in this respect appears not to be weighed down by two of the most difficult issues facing intellectual property, namely conflicting jurisdiction between federal statutory interests and provincial property interests, together with establishing more readily acceptable methods of valuation. However, there is ambiguity about the actual form of ownership interest involved with a domain name, which this paper addresses directly and offers an opinion on. It concludes by proposing a framework facilitating the use of domain names as security interest by engaging the active participation of domain name registrars.

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