Internet domain execution

Service

Internet domains can achieve astronomical values, thus becoming an important asset of the person who is entitled to the registration rights. Is it possible to enforce an Internet domain name, and if so, how to do it?

This issue was discussed in a resolution of the Supreme Court as early as 2007. Pursuant to this resolution, the legal sense of the agreement for the registration and maintenance of an internet domain is reduced to the registration and maintenance by a registrant in the global domain designation system of a strictly defined name assigned to an individualized entity (registered entity). This means that the entity that has been registered has the exclusive right to use the new, registered domain in the Internet network (reference number III CZP 109/07).

The right to use the Internet domain

In line with the above, domain registration now entitles you to exclusive use of it. The right to a domain is considered a property right that can be:

  • transfer to another person - under the contract of assignment of rights to the domain;

  • lease - that is, make it available to a third party in order to use and receive benefits, e.g. by providing a website under a given domain, running a website or an online store.

A different approach to the issue of the Internet domain is shown in Art. 909 et seq. Of the Code of Civil Procedure, according to which the right to the Internet domain is another property right, and therefore it is subject to enforcement in accordance with the principles set out in the code. However, in order to carry out enforcement against the debtor who is entitled to this domain, it is necessary to submit an application to the bailiff to initiate enforcement against the rights to the domain.

It is important to precisely indicate the domain in the submitted application. You should also submit an application for seizure of this right and its sale in enforcement proceedings.

Seizure of rights to an Internet domain

The seizure of the right to the Internet domain takes place upon delivery of the notification to the Scientific and Academic Computer Network (NASK), i.e. informing the person who is burdened with the obligation towards the debtor by virtue of the seized law. However, if such notice was served on the debtor earlier, the effects of the attachment against the debtor arise simultaneously with the service of the attachment notice.

Satisfying the creditor with the seized law comes from the income, if the law generates income. The income from an internet domain is its lease, if remuneration is charged for using it from a third party. Another type of income from an internet domain is selling the rights to it.