International domain name transfers are often highly complicated but necessary elements of the contemporary commercial environment. So much of business is now dependent upon the online image and reputation of the business, a large part of which is determined by the domain name that is owned and operated by the business. For this reason, it is often necessary for the longevity of a business to ensure that a domain name is transferred from another party to your business or you may be in a situation where you need to sell or transfer the ownership of a domain name.
Also, the ownership of a domain name is not the same as the ownership of property, shares, cash or other real or personal property. In legal terms, there is a connection between the ownership of a domain name and what is considered the common usage of the name of business for the purposes of the law of trademark. However, the ownership of a domain name in Australia is merely under license from AUDA who are in turn given the authority to issue licenses by the minister for telecommunications under the relevant legislation. Ownership of a domain name is not necessary a legal guarantee that the license cannot be disputed if there is a competing claim to the copyright or trademark in a particular domain name.
Disputes can and regularly do arise in relation to the ownership of a domain name. This is particularly the case where one party has purchased the license to a domain name and another party has an identical or similar business name which it has trademarked. In such cases, the Australian Domain Name Registration Authority has developed a policy of encouraging the arbitration of such disputes in order to resolve the matter without resort to a court. At the end of this type of arbitration process it is often necessary to transfer a domain name.
The role of a notary in relation to the transfer of a domain name is usually to assure the overseas buyer or registration authority of the identity of the vendor through the provision of a notarial certificate as to identity or to witness the signing of transfer documents. If you require notarial services in relation to international legal documents such as domain name transfer please do not hesitate to contact us using the form at the top right of this page.