Overview
«WEB-FIX» — is the online service, based on an relevant system developed by the Consortium to provide services for the fixation, capture and investigation the content of web pages on the Internet.
The objects of fixation, capture and investigation are:
- domain names,
- trade marks,
- commercial (proprietary) names,
- audio, video, text, graphics files,
- correspondence, typing,
- archives and etc.
Expert evidences (opinions) provided as a result of the rendering of such services may be used as proof of the violation of rights in the event of disputes relating to the activity in the Internet environment for the analysis of the situation:
- domain disputes — due to misuse of domain names that replicate or mimic the trademark (mark for goods and services), commercial (company) name, geographical designation, name of a famous person in the world or in the region, or in the state, previously registered domain name;
- disputes relating to the protection of objects of intellectual property rights law — because of infringement of copyright and/or related rights, and other intellectual property rights on the Internet environment (including trademarks, trade names);
- disputes on protection of honor and dignity of individuals, as well as the goodwill of individuals and entities — due to violation of personal rights of persons as a result of the dissemination of false information on the Internet;
- for the protection of above mentioned rights in the courts, in the alternative dispute regulation and pre-trial procedures, including the use of mediation.
The creating of this initiative is due to the existence of the basic problems in ensuring adequate protection of rights on the Internet, including the collection of relevant and sufficient evidence of a violation of this sort rights and the identification of the individual offender (the definition of the proper defendant). The fact that the information on the any kind of Internet resources can be removed at any time by offender is enhances the problems. This possibility greatly complicates the plaintiff the burden of proof of the fact of its distribution.
Today on websites the facts of posting information is confirmed by the following means: printing pages of a Internet website; obtaining notary certification of web pages; conducting investigation — more correctly in this case examination — of evidence by the court as the proceedings; providing court expert opinion; inspection of the website with the relevant photos, which was done by lawyer.
However, each of these tools and methods has certain disadvantages, among which in the first instance the inability to quickly fix the violation and the high cost of the ones. In addition, the use as evidence of web pages inspection reports drawn up by notaries (for example, in Russia or Belarus), can not be considered an effective means of, in particular, due to the existence of a lot of technological mechanisms generating a new content that may actually be misleading.
To realize a quick and effective fixing system and investigation content of the webpages, we suggest using online service «WEB-FIX».
Expert evidences (opinions), formed as a result of the rendering of services to fixation, capture and investigation the content of webpages, can be used as evidence of violation of rights on the Internet under the protection of this kind of rights in court and out of court, including with the use of mediation, a more efficient alternative mechanisms.
It should be noted that the service «WEB-FIX» can be adjusted and harmonized in accordance with national legislation of the country implementation.