Can the organization without any documentary, legal registration use the domain names of some individual? Domain Name

PROJECT

Contract of gratuitous transfer rights to

domain namei

The State Autonomous Institution of the Republic of Komi "Center of Information Technologies", which is valid on the basis of the Charter, hereinafter referred to as the "Rightholder", on the one hand, and _________________________________________________________________________________________, hereinafter referred to as "User", on the other hand, together hereinafter referred to as the "Parties", concluded this Agreement on the following:

1. The Subject of the Agreement

1.1. The copyright holder, being the owner of the entire complex of rights to the domain name of the second level rkomi.. ru, in accordance with the agreement No. 000 / NIC-D of 01.01.01, "On the provision of services", concluded between the State Institution "Center for Automated Systems" and Ano "Regional Network Information Center", as well as in accordance with the Regulations for Registration of the Third Domain Regulations The level and rules for supporting the third-level domains, entered into action by the domain name registrar, undertakes to carry out activities on registration and support of the domain name of the third level __________________ (hereinafter referred to as a domain name), and freely transfer the rights to it to him, who, in turn, undertakes to accept them.

2. Responsibilities of the parties:

2.1. The copyright holder must:

2.1.1. Transfer in the prescribed manner all rights to the domain name;

2.1.2. Do not prevent the use of a domain name after passing the rights to the user;

2.1.3. Notify the user about the loss of rights of the right holder on the domain name of the second level no later than __ days from the date of notification by the registrar about the decision taken.

2.2. The copyright holder guarantees that the domain name is free from the rights of third parties and at the time of the conclusion of this contract does not violate the rights of third parties related to the choice and use of the domain name (there is no dispute about trademarks, individualization signs and other disputes).

2.3. The user must:

2.3.1. Take the rights to the domain name no later than five working days after the conclusion of this Agreement;

2.3.2. When using the domain name, make information placement in accordance with the legislation.

3. Term of the contract:

3.1. The contract comes into force from the moment of signing and is valid until the occurrence of any of the events:

3.1.1. Written notice to one side of another on termination of this Agreement;

3.1.2. Losses the right holder of rights to the domain name of the second level rkomi.. ru.

4. Final provisions

4.1. All additions, changes made to this Agreement in writing and signed by authorized persons are an integral part of this Agreement.

4.2. This Agreement is drawn up in two copies, one copy for each of the parties having the same legal force.

5. Legal addresses and bank details

User:

Rightholder:

State Autonomous Institution of the Republic of Komi "Center for Information Technologies"

Mailing address:

Russia, Komi Republic,

Email: Office. ***** @ *** RU

Telephone: (82

Bank details:

in GRKTS NB rep. Komi Bank of Russia Syktyvkar

l / S. L-Tsavts.

OGRN:

Director of GAU RK "Center of Information Technologies"

To date, Russian legislation lags behind the rapid development of technology. First of all, this concerns the Internet scope and regulating legal relations arising in the global network. One such problem is the relationships folding around domain names.

Initially, it is worth determining the place of the domain name, as the object of law, in the legal system of the Russian Federation. Any legal relationship consists of a subject, an object, as well as subjective rights and responsibilities of the parties. Under the object of legal relationship, it is possible to understand everything, about which the specific rights and obligations of its subjects arise. As Kirillova M.Ya. writes, "... In any civil relationship, its object is present, since otherwise the meaning of the right relationship is lost." Therefore, the existence of undertakeless legal relations is impossible. For civilian legal relations over a particular object, it is not required that it is directly listed in civil law. According to Art. 128 GK, civil rights facilities include the results of intellectual activity, including exclusive rights to them (intellectual property). This also includes the results of individualization of a legal entity, products performed by works or services. The list of individualization tools is given in Art. 138 GK, however, this list is open, and, consequently, the existence of new means of individualization is assumed. We believe that domain names are a new tool of individualization..

Legal definition of a domain name does not exist, conditionally it can be designated as the area of \u200b\u200bthe Internet hierarchical names network, which is served by a set of domain name servers (DNS) and centrally administered. Domain is identified by the domain name. However, as previously noted in the literature, this definition covers only the technical side of the issue without disclosing the legal essence of the domain name. For example, VO. Calyatin offers to divide two concepts: " domain - Address Space area, Domain name - Registered in the prescribed manner, Replacing a digital IP address connected to a computer connected to a computer. Example: law.ru - a domain name indicating two domains, "Law" and "RU"". Yakhin Yu.A. proposes to determine the domain as the symbol address of the information resource in the telecommunications network, automatically guiding the user to the IP address through the DNS servers system .

Discussion was until recently the question of the possibility of transferring the right to a domain name. The argument was as follows: p.1.8 Rosjunios regulations on registration of second-level domains in zone.ru (meaning the regulations of February 15, 2002) said that domain and the right to administer a domain are not objects of purchase and sale. However, it would be contrary to Art. 129 GK, which says that civil rights facilities can freely alienate or move from one person to another in the order of universal succession ... Types of civil rights objects, which are not allowed in circulation (objects seized from turnover), must be directly listed in the law. Legislatively not prohibited to dispose of the domain name, and the regulation is not a regulatory act. The situation has changed due to the transfer of the registration function of domain names in the RU zone. Six registrars. Of interest is the auction of domains organized by Rucenter. According to the regulation of the auction for the right to administer a domain name, sale of a domain name - Transfer of a domain name administration right. Therefore, in our opinion, obstacles to the possibility of concluding an agreement on the assignment of the right to the domain name today does not exist.

As mentioned above, there are no regulatory relations in domestic legislation about domain names. According to Art. 6 GK, in cases where the relationship provided for in paragraphs 1 and 2, relations are not directly resolved by law or agreement of the parties and there is no custom of business turnover applicable to them, to such relations, if this does not contradict their essence, the civil legislation is applied, regulating similar relations (the analogy of the law ). Is it possible in this case to apply the analogy of the law? For example, we will take the law of the Russian Federation "On trademarks, signs of service and the name of the origin of the goods", namely the question of disposal of the exclusive right to the trademark. To apply the analogy of the law, we need the presence of three conditions:

1. The ratio is not resolved by law, agreement of the parties and on this issue there is no custom of business turnover.

2. There is a legislation regulating similar relations.

3. Such similar legislation does not contradict the creature of the relations to which it is applied by analogy.

After analyzing similar relations, the following conclusions can be drawn:

The owner of the exclusive right to a trademark may be a legal entity or entrepreneurial activity an individual. The owner of the right to a domain name may be any subject of civil law.

Regarding the TK, a license agreement can be concluded. According to its type, the license may be non-exclusive, i.e. The licensor retains the right to provide licenses to third parties. In relation to domain names, the conclusion of such a contract is impossible due to the specifics of this object, because When you set a definite domain name, it forwards the user only on one information resource. Accordingly, if we assume the situation when the right to a domain name will be owned at once to several persons, it will turn out that one of them will not be able to use it.

The agreement on the transfer of exclusive right to the trademark and the license agreement is registered in the federal body of the executive authority on intellectual property. Without this registration, these contracts are considered invalid. Giving a written form to the contract for the transfer of the right to domain optional.

The exclusive right to TK has territorial limits of action. There is no domain name.

As a result, in our opinion, it can be concluded that the relationship for the transfer of the right to a domain name cannot be applied to the analogy of the Law of the Russian Federation "On Trademarks, Signs of Service and Names of Files of Products of Products" in terms of the disposal of the exclusive right to a trademark. This once again proves the thesis that the domain name is a new means of individualization.

The agreement on the transfer of the right to the domain name is an independent civil contract. The question of substantial conditions of the contract is important. Article 423 GK says : The conditions for the subject of the contract are essential, the conditions that are named in law or other legal acts as significant or necessary for the contracts of this species, as well as all those conditions regarding which, according to one of the parties, an agreement should be reached..

The subject of this contract will be actions of the parties, namely, under the contract, the domain name administrator undertakes to grant the right to administer the right to administer the domain name, and the other party undertakes to pay remuneration. Other essential conditions, legislation does not lead. The question of such conditions of the contract seems to be an interesting question and price. So, the price. As a general rule, if the parties did not agree on the price of the price, it acts in paragraph 3 of Art. 424 GK: in cases where the price is not provided in the paid contract and cannot be determined on the basis of the terms of the contract, the execution of the contract must be paid for the price, which under comparable circumstances is usually charged for similar goods, works or services. But it must be borne in mind that each domain name individually and comparable circumstances is practically no, because If you compare the price of the domain name www.google.com and www.sakh.com, the first price will be significantly higher. According to paragraph 54 of the Plenum you 6/8: in the presence of disagreements under the condition about the price and disadvantaged by the Parties of the relevant agreement, the contract is considered nonconnected.If we talk about the period, then this is the criterion for the separation of this type of contract for the following subspecies:

  1. Transmission of the domain name for always
  2. Domain name transfer for time

The contract may be both compensated and gratuitous, but you need to remember that the contract is assumed to be paid, if from the law, other legal acts, content or creatures of the contract does not flow out otherwise(paragraph 3 of Art. 423 GK). Therefore, to recognize the contract with free, it should be directly indicated in it. The question of the moment of concluding a contract is interesting. According to its design, the contract is consual, i.e. It is considered concluded from the moment of reaching an agreement for all essential conditions. But, according to registrars, it is necessary to register a new domain administrator, however, this is only a local act that does not have the strength of the law. The law says nothing about the form of this contract, so it can be enclosed as orally, so in writing. Need to remember the rule that must be accomplished in simple writing, with the exception of transactions requiring a notary certificate: transactions of legal entities among themselves and with citizens, transactions of citizens among themselves, exceeding at least ten times the minimum wage established by law, and in cases provided for in the cases law - regardless of the amounttransactions (art. 161 GK) . But, failure to comply with the simple written form of the transaction deprives the parties to the right in the event of a dispute to refer to the confirmation of the transaction and its conditions for testimony, but does not deprive them of the right to lead written and other evidence.(Art. 162 GK). Therefore, the non-compliance with the simple written form does not entail the invalidity of the transaction.

It is possible to conclude an agreement on which a domain is transmitted for a while without registering a new administrator, however, it will already be a compensated service provision. In this case, the administrator remains the performer, and the customer only uses a domain name for its purposes or with a domain name set, an overview of its resource occurs. Legal regulation of such a contract - Chapter 39 of the Civil Code of the Russian Federation, as well as general provisions on obligations.

Procedure for transferring the right to a domain name. To transfer rights to a domain to another person, you must submit two letters to the registrar: from the administrator of the domain and on behalf of the rights to the domain. Letter requirements Each registrar provides its own.

Consider the basic rights and obligations of the parties.

The person acquiring the right to administer to the domain name (for a while) is obliged to:

1. To preserve the domain name for itself, by paying the cost of services under the contract with the registrar. Otherwise, the "capture" domain may occur with another person, which will mean the inadequate execution of their duties under the contract.

2. Conduct data to the registrar (letter)

3. Equip the remuneration of the person transferring the right to the domain name

4. Inform the other side in case of early termination of the contract with the registrar.

5. The auditorium may be provided for the limited right to use the domain name, for example, if the name of the domain is associated with the identity of the administrator, and it will send the user to an erotic resource.

Other duties may also be provided. As for the right, these conditions are determined by themselves as parties in the contract, for example, the distribution of expenses as a result of the settlement of relations with third parties, if the domain administrator will be presented with claims or claims about the violation of third-party rights. Both sides are obliged to draw up a document confirming the fulfillment of their duties for the transfer of a domain name and on payment (admissible act).

The right to the domain name may be also transmitted in cases:

1. Purchase and sale of an enterprise as a property complex. In this case, the rights to the corporate name, trademark, the service sign and other means of individualization of the seller and its goods, works or services, as well as those belonging to it on the basis of a license the right to use such means of individualization transfers to the buyer, unless otherwise provided by the contract.

2. In the process of privatization.

So, the conclusion of the contract on the assignment of the right to the domain name today is possible, in this case, this transaction will be governed by the general provisions on obligations, as well as parties, it is necessary to follow the rules set out in the registrar regulations.

Civil law. Textbook for universities edited by Illarionova


The parties are exempt from liability for full or part of its obligations under this Agreement, caused by the surrenders of force majeure (force majeure) arising after invention. Such circumstances include, but not limited to imprint and technogenic catastrophes, natural disasters, fires, explosions, mass riots, terrorist acts, introduction of interest and special provisions, wars and military actions, uprisings, as well as the adoption by the current bodies of acts, which have a subsequent and (or ) Indirect influence on the fulfillment of obligations of the Foreign Agreement. 6.2.

Domain name lease agreement

The complete transfer of the domain name is made taking into account the requirements of the domain name registrar not later than the month since the end of the lease term. The domain name registrar specified in P 1.1. is 6. Responsibility of the parties 6.1. For non-performance of the terms of this Agreement, the parties are responsible provided for by the Agreement, and in the absence of a responsibility in the contract - in accordance with the legal acts of the Russian Federation.
6.2. For the delay in the assignment of DNS addresses for the domain name, which is the subject of this Agreement, the Lessor pays the leaser to the penalty in the amount of% of the amount of the monthly rent for each day of delay. 6.3. For late payment of rent, the tenant pays the leaser for a penalty in the amount of% for each day of delay. 6.4.

Agreement of paid assignment of rights to the domain name

The exclusive right to the domain name of this Code of Exceptional Law on the domain name is applied to the domain names registered in the zone covered by the first level domains enshrined behind the Russian Federation in the generally accepted manner. Article 1544. About domain names M. A. Your concerns are clear, but, fortunately, groundless. Yes, the legislator refused to recognize the domain name as an intellectual property facility.
But in the part of the fourth Civil Code, it is now directly established that they cannot be registered as trademarks for the designation identical to the domain name, the right to which previously arose the date of the priority of the trademark (article 1483 of the Civil Code of the Russian Federation). Subject agreement 1.1.

treaties by type

Rental of domain names for your sites This will relieve you from the need to register and provide a set of documents to a domain name record company. The tenant receives a guarantee that for the period of renting a domain will be exclusively at his disposal. We definitely conclude a domain lease agreement, the term of the contract - 1 year.
In addition, if you are a partner of the company reg.ru and have your account on their website, we can simply pass the domain into partial control. List of free domain names that you can rent: If you doubt our rights to rental domain names, at your request we can initiate a full procedure for transferring a domain to rent.

Domain Name

Responsibility of the parties 6.1. Treaty for the use of a domain name Similar questions

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  • A summons was obtained in the Arbitration Court of Moscow.

The contract for using the domain name does not place the materials on the domain name, contrary to the legislation of the Russian Federation, the materials of pornographic nature, the materials of the national and religious retail, the scheme of deception and other similar information. 2.2.2.

Agensky Treaty Use of the Domain Name

Last Name Name Patronymic), operating on the basis, hereinafter referred to as the "right holder" and (surname name patronymic), hereinafter referred to as "Parties", in the future, together and separately referred to "Parties", amounted to this Act on the following: Last Name Name Patronymic (Passport Citizen of the Russian Federation: Series, No., issued ATS R-on "".., Division code -; registered at the address: Russian Federation, g., ul., d., sq. M. Registration date: G.), He received a captive assignment of the right to administer a domain name Monetary sum of rubles. 00 cop. (Rubles Zero kopecks). Details of the Parties to the Signatures of the Parties of the Actprise-Transfer of the Rights of the Domain name Administration G. Moscow "" 2015

POST Navigation

Landlord ", on the one hand, and in the face acting on the basis, hereinafter referred to as the" Leader ", on the other hand, hereinafter referred to as the" Parties ", concluded this Agreement, in the future" Treaty ", as follows: 1. Subject of the Treaty 1.1. The landlord provides a tenant to possession and use of a domain name for a term of 2018 from the moment of payment, the owner of which is the landlord, and the tenant undertakes to pay the landlord for the use of a domain name. At the end of the lease term, during working days, the tenant has the preferential right to buy a domain name.
1.2. The landlord assigns the domain name to the following DNS addresses: for the entire lease term of the domain name. 2. Price of contract 2.1. For the use of the specified in paragraph 1.1. This Agreement by the domain name is the tenant pays the landlord in the amount of rubles, taking into account VAT (18%). 2.2.

Agreement of a paid assignment of a domain name administration right

And why then put yourself and the customer in such a tough frame .... I will not even describe the rest .... Because the filter gram is not saying that the customer will not sign it ... I say that this document is not a "contract". My advice, read the "franchise contracts". Imho is the closest form of the contract on your topic ....

Under the contract of commercial concession, one party (copyright holder) undertakes to provide the other party (user) for remuneration for a period or without specifying the right to use a complex of exclusive rights belonging to the rightholder, including the right to brand name and (or) commercial designation The copyright holder, for protected commercial information, as well as on the other, the objects of exceptional rights provided for by the contract - a trademark, a service mark, etc.

Contract for use of the domain name

All changes and additions to this Agreement are drawn up with additional agreements of the Parties in writing, which are an integral part of this Agreement. 4.2. Each of the parties has the right to abandon this contract at any time, hesifying the other side for one month. 5. The procedure for resolving disputes 5.1. Disputes and disagreements that may arise in the execution of this Agreement will be resolved by negotiation between the parties.


5.2.

In case the parties do not come to an agreement, disputes are permitted in court in accordance with the current legislation of the Russian Federation. 6. Final provisions 6.1. This Agreement is drawn up in two copies with the same legal force, one instance for each of the parties. 6.2. This Agreement comes into force from the moment of signing by its parties.

Contract for the use of a domain name

Do not post on the leased domain name and / or distribute materials (software, music or video files, etc.) obtained with a violation of the current legislation of the Russian Federation or materials that are fully or partially protected by copyright or related rights without the written permission of the author of the material being placed. 4.2.8. Do not use Torrent in any form. 4.2.9. Not to advertise goods, services or other products whose distribution is prohibited or limited by the current legislation of the Russian Federation; 4.2.10. Do not post and / or disseminate information about third parties, which is not true, or insults the honor and dignity of third parties, both physical and legal; 4.2.11.

Attention


2.2.4. Do not distribute advertising emails through third-party servers with an indication of the domain name used (passive spam). 2.2.5. Do not use Torrent in any form. 2.2.6. Do not advertise goods, services and other products whose distribution is prohibited or limited by the legislation of the Russian Federation. 2.2.7.

Document decoration of the domain lease. How to do it - in the article

Question:Can the organization without any documentary, legal registration to use the domain names of a individual (well, for example, an organization employee owns or rents domain names and simply gave us them for free)? Or is it necessary to arrange everything? If we need to make out, then can we conclude a contract for this individual? An individual does not want to sell them to us and pay hosting also wants himself that these domain names did not leave him !!! And is there any punishment if the organization simply uses them (without documents, without payment): Created its website, uses mailboxes in the address?

Answer:

First of all, take into account the fact that the site or domain is impossible to rent, because This is not a property in his civil action.

That is, despite the names of the "Rent of the Domain / Site" the name "Rent of the Domain / Site" entrusted in civil circulation, in your speech only about services. No hardware is physically indulcated, and only various hosting services are provided, etc. Accordingly, to get the right to the site, it is necessary to make the transfer of rights and responsibilities for administering the domain. These relations are issued by the agreement on the transfer of rights and obligations under the contract, conclude in accordance with Art. 392.3 Civil Code of the Russian Federation.

But for this it is necessary for the consent of the registrar, that is, the individuals with whom the contract has been concluded. There are no other "rental" ways to conclude a contract or through services regulating here. For an analogy, you can compare the telematic services specified in the question with conventional communication services - to rent a phone (number) of the employee can not, because Communication services can provide only the operator.

Negative consequences in the form of administrative fines, etc. To organize, the conclusion of such contracts is not boring. They may occur only for an individual who provides services without licenses and status of IP (Article 14.1 of the Administrative Code of the Russian Federation).

Justification

Civil Code of the Russian Federation. Part one

) (in the applied form instead of the name of firms, deadlines, amounts, etc. - are the fiber "________")

moscow 12.12.2007.

Company BAVILON-5 (LLC) in the face directors Sadykova V.M.acting on the basis of stow, hereinafter referred to as the "Seller", on the one hand, and Vitamin LLC represented by the director of Mazitov TP, acting on the basis of the Charter, referred to in the future "Buyer", on the other hand, agreed on the following:

1. The Subject of the Agreement

1.1 Seller, being an administrator of the second-level domain name rook5.ru and the owner of the entire complex of rights to him (the rights to the domain name are confirmed by the discharge from the registry - Appendix No. 1), undertakes to transfer the domain name to the buyer, the latter in turn undertakes to accept it and pay for Domain Name Monetary sum in the amount of _____________________________________________.

1.2 Transfer of the rights to the domain name is subject to mandatory registration in the relevant register on the basis of the joint request of the Seller and the Buyer. The rights to the domain name are considered transmitted from the moment the appropriate record of the new administrator in the registry.

2. Terms and definitions

The parties identified that, with interpretation of terminology of this agreement, it should be used: the regulations for the registration of domains in the domain RU ANO RSIC (April 25, 2005).

3. Rights, duties and guarantees of the parties:

3.1 Seller required:

Transfer all rights domain name rook5.ru;

Apply for re-registration of a domain name from the seller for the buyer (or provide the buyer with a properly decorated and notarized copy of the application);

Transfer all the necessary passwords to access the domain name administration;

Do not prevent the use of the domain after passing the rights to the buyer.

3.2 Seller ensures that the domain name is free from the rights of third parties.

3.3 The seller guarantees that the domain name at the time of this agreement does not violate the rights of third parties related to the choice and use of the domain name (there is no dispute about trademarks, individualization signs and other disputes).

3.4 Buyer must:

Pay for a domain name in cash in accordance with the terms of this Agreement;

Take a domain name no later than specified times;

Apply for re-registration of the domain name;

Since the acceptance and transfer of rights to the domain name, carry all expenses for the use of a domain name (including -extension of domain registration name).

4. The procedure for calculations and acceptance and transfer of rights to the domain name

4.1 Payment for a domain name must be carried out within 5 days from the date of signing this Agreement and invoice by transferring funds to the seller's current account.

4.2 within three days after payment (cash receipts for the seller's current account), the Seller is obliged to transfer the Registrar to the transfer of rights to the domain name (re-registration of the domain name) to the Buyer, or provide a request to the Buyer, pre-notarially assured the signature on the document.

4.3 On the fact of the transfer of a domain name is made up separate two-way act of acceptance and transmission. The act is in two copies on the basis of making an appropriate record of a new administrator in the registry.

5. Responsibility of Party

5.1 The parties are responsible for non-compliance with the terms of the agreement, as well as evasion from the re-registration of a domain name.

5.2 In the event of a violation of the reprimanded payment conditions, as well as the delay in the re-registration of a domain name for a period of over 3 days, the side of the intruder pays the penalty penalty in the amount of 0.5% of the price of the contract (clause 1.1) for each overdue day.

5.3. All disputes and claims arising between the parties under this Agreement are resolved by compromise and negotiations, and in case of income agreement, in the Arbitration Court of Moscow in accordance with the current legislation of the Russian Federation.

5.4. Payment of the penalty and compensation for damages caused by failure to fulfill or improper fulfillment of obligations does not relieve the parties from the fulfillment of obligations in nature.

6. Final provisions

6.1 All additions made to the contract in writing and signed by authorized persons are an integral part of the treaty.

6.2. This Agreement is drawn up on two sheets, in two identical copies and has equivalent legal force for both parties.

7. Legal addresses and bank details