The dispute resolution procedures for .com.ua, .cn, and .中国 are improving!

Feb 18, 2020  - written by  in Corporate

More efficient resolution of disputs concerning .com.ua domain names

Since December 19, 2019, it’s now possible to have recourse to the UDRP (Uniform Dispute Resolution Policy concerning domain names) in order to resolve disputes regarding domain names on this second-level Ukrainian domain [1].

This decision was influenced by a number of disputes in progress regarding the illegal use of trademarks and company names in domain names registered in the .com.ua domain.

The country code domain of Ukraine being .ua.

This new remedy notably facilitates:

  • The reduction of dispute resolution time
  • The simplification and dimunition of cost of the dispute resolution process
  • Better protection of the rights of domain name owners, notably with regard to intellectual property rights

This extrajudiciary process is already being used for most domain names (notably for .com, .net, and a large number of ccTLDs).

Its extension to domain names in the .com.ua domain allows owners of trademarks to resolve their disputes more efficiently in Ukraine since the formalities of the procedure have been reduced (shorter delays, e-mail exchanges, local presence not required, facilitated execution of the final decision).

Read more information on the topic

[1] Relative to the Ukraine, registry Hostmaster LTD

Finally a dispute resolution procedure for .cn and .中国 offered by WIPO

Since August 1, 2019, the Chinese administration recognizes WIPO (World Intellectual Property Organization) as the arbitration center for disputes related to .cn and .中国 domain names.[2]

By designating WIPO as alternative arbitrator, the rules of arbitration defined by the Chinese registry cnDRP do not change.

In fact, several aspects of the Chinese rules differ from the guiding principles of the UDRP:

  • The trademark must be identical or likely to cause confusion. The claimant must have rights and civil interests on the name. The UDRP has a narrower scope since it only applies to trademark rights.
  • The claimant must prove that the registration or use of the domain name in question was done in bad faith. The UDRP requires the claimant proves that the registration AND the use of the domain are in bad faith.
  • The complaint must be composed in Chinese unless it can be proven that all parties can communicate in English.
  • The rules only apply for domain names that are no more than 3 years old. The UDRP doesn’t impose any such limit.

Last June, China extended the period during which a claimant can submit a dispute regarding a .cn or .中国 domain name by one year, thereby allowing rights owners to increase the chances of detecting a potential disputed domain name.

In 2015, the arbitration center in Hong Kong (HKIAC), empowered to handle this type of dispute, had considered that a transfer within two years following the registration of a domain name could be considered a new registration[3].

Even if the rules of cnDRP are different from the principles of UDRP, these recent changes do give a greater advantage to trademark holders than previously.

Learn more about WIPO’s handling of Chinese domain name disputes

[2] China ccTLD Dispute Resolution Policy (cnDRP)

[3] Leister Brands AV v. Chen Qiuheng, HKIAC DCN-1500641

Remember: in following these resolution procedures, you will need to be assisted by experts in order to know exactly which procedures to follow according to the domain name in dispute.

Contact your account representative or corporatecontact@gandi.net !