Saturday, 22 January 2011

Domain Names: New Domain Name Dispute Resolution Policy for ".ae" and "امارات." Top Level Domains

The .ae Domain Administration (".aeDA") is the domain name authority for the ".ae" and "امارات." top level domains. It is a department of the United Arab Emirates Telecommunications Regulatory Authority. On 29 Sept 2010 the .aeDA adopted a new Domain Name Dispute Resolution Policy known as the "UAE DRP" for those domains.

The UAE DRP is based substantially on ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) for generic top level domain names. The UAE DRP is incorporated by reference into all agreements for the registration of all ".ae" and "امارات." ccTLDs. As in the UDRP the key provision is the warranty and representation that appears at s.4 of the UAE DRP:
"By applying to Register a Domain Name, or by asking a Registrar to maintain or renew a Domain Name Registration, you hereby represent and warrant to us and the relevant Registrar that:
a) the statements that you made in your Registrant Agreement are complete and accurate;
b) to your knowledge, the Registration or the use, direct or indirect, of the Domain Name by you does not and will not infringe upon or otherwise violate the legal rights of any third party;
c) you are not Registering or will not, directly or indirectly, use the Domain Name for an unlawful purpose; and
d) to the best of your information, knowledge and belief, you are not Registering or will not, directly or indirectly, use the Domain Name in violation of any applicable laws or regulations.
It is your responsibility to determine whether your Registration or use of the Domain Name Registration infringes or violates someone else's rights,"
Each applicant agrees to refer to a panellist appointed by the WIPO any dispute where a third party asserts that:
(i) the domain name is identical or confusingly similar to a trade mark or service mark in which he or she has rights; and
ii) the domain name proprietor has no rights or legitimate interests in respect of the domain name; and
iii) the domain name has been registered or is being used in bad faith.

As In the UDRP, the complainant must prove that each of those three elements is present.

The .aeDA has accredited a number of registrars to issue ".ae" and "امارات." domain names. Decisions in respect of the UAE DRP can be viewed on the the WIPO website.

If you need advice or would like one of us to represent you in an ".ae" domain name dispute or would simply like to discuss this post. please contact us through this form.

No comments:

Post a Comment