Weighting of the Efficiency and Effectiveness of Conflict Resolution for .MX Domain Names in the Alternative and Contentious-Administrative Routes

Abstract

The main objective of this article is to determine the degree of efficiency and effectiveness of the alternative administrative route compared to the contentious-administrative route, in relation to the resolution of conflicts over .MX domain names, and the protection of landmarks and property rights industrial.

To determine the efficiency and effectiveness, that it, the cost, time and achievement of the result, a weighting is made based on the advantages and disadvantages of using the two routes, which have particular characteristics. It allows the comparison and determination of their characteristics is their, theoretical, legal and procedural similarity.

Several theorists have shown that conflict resolution is complex, has a high cost, and at one point a speed in the litigious or jurisdictional way; on the other hand, it is simple, cheap and fast in an alternative way, which is of the utmost importance to study and determine.

The resolution of conflicts over .MX domain names that violate the rights of third parties can be done in different ways. In this case, the alternative or extra-jurisdictional administrative route, through the alternative mechanisms for the resolution of disputes in the field of intellectual property that Mexican legislation indicates and the alternative methods offered by the providers of dispute resolution services, also through of Contentious-administrative or jurisdictional litigation, which is carried out after exhausting a previous route, according with the Federal Law for the Protection of Industrial Property.

The result of the weighting has shown that both routes are efficient and effective, however, one even more than the other, taking into account the characteristics and indicators determined in this article.