Regulation of the Political uniform of solution of controversies of generic names of domain

The administrative procedures for the resolution of disputes established in Political the Uniform of Resolution of Disputes adopted by ICANN will have to hereby be in force Regulation, and also by the Complementary Regulation of the Supplier that administers the procedures, which appears published in their website. If the Complementary Regulation of any Supplier entered conflict with the present Regulation, this Regulation will have to prevail.

This document has been translated to several languages as information only. The original and valid text (in English) can be obtained in: http://www.icann.org/en/dndr/udrp/uniform-rules.htm

Approved by the Board of ICANN the 30 of October of 2009.

1. Definitions

 

In this Regulation:

Plaintiff talks about to the part that presents a demand related to the registry of a domain name.

ICANN means to Corporation for the allocation of names and numbers of Internet.

Mutual jurisdiction talks about to the jurisdiction of a court located in the area of (a) the main office of the Recorder (as long as the holder of the domain name has agreed upon his Contract of Registry to be put under that jurisdiction for the resolution before courts of disputes related to or derived from the use of the domain name) or (b) the direction presented by the holder of the name of domain when realising the registry of the domain name, so what appears in the data base WHOIS of the Recorder when to present the demand to the Supplier.

Panel talks about to an administrative panel designated by the Supplier to dissolve a demand related to a registry of domain name.

Panellist is an individual designated by the Supplier to be member of a Panel.

Part talks about to a Plaintiff or Demanding.

Policy talks about to the Political uniform of resolution of disputes on Names of Domain that is gotten up by reference and comprises of the Contract of Registry.

Supplier talks about to a supplier of services of resolution of disputes approved by ICANN. The list of these Suppliers appears in http://www.icann.org/es/dndr/udrp/approved-providers-es.htm.

Recorder talks about to the organization before which the Demanded one has registered a domain name that is object of a demand.
Contract of Registry talks about to the contract between a Recorder and a holder of domain name.

Demanded one talks about the holder of a registry of domain name against which a demand is instituted.

Kidnapping inverse of domain name talks about to the use of bad faith that is made of the Policy with the attempt prevail to the holder of a name of domain registered of a domain name.

Complementary regulation talks about to the regulation adopted by the Supplier that administers a procedure to complement the present Regulation. The Complementary Regulation will not have to contradict the Policy nor the present Regulation and will have to cover questions such as prices, directives and limits of words and pages, size and modalities of format of the archives, the average ones to communicate with the Supplier and the Panel, and the form of the presentation leaves.

Written notification talks about to a printed notification that the Supplier makes arrive at the Demanded one about the institution of an administrative procedure under protection of the Policy and informing to him to the demanded one that a demand in his has appeared against. In the written notification one is due to brief that the Supplier has transmitted by via electronics the demand to the Demanded one, including all the Annexes, of the form specified here. The written notification does not include a printed copy of the demand in himself nor of any of its Annexes.

2. Communications

 

a) When resending by via electronics a demand to the Demanded one, including all the Annexes, it will be responsibility of the Supplier to use the means found that are reasonable to manage to make arrive the notification at the Demanded one. To be able to make arrive the notification, or use the following measures to make sure that thus it is, will release all responsibility on the matter:

     i) to send the Notification written of the demand to all the mailing dresses and of fax (a) that appear in the information of the registry of name of domain stored in the data base WHOIS of the Recorder the holder of the name of registered domain, the technical contact, and the administrative contact and (b) that was provided by the Recorder to the Supplier as contact of invoicing of the registry; and

     II) to send the demand, including all the Annexes, of electronic form by email electronic a:

1.    the email addresses of all the technical, administrative contacts and of invoicing;

2.    postmaster@<el name of domain of demandado> and

3.    if the name of domain (or “www.? followed of the domain name) it leads to an active webpage (that is not the generic page that the Supplier perceives that a recorder or a ISP is administered by to place names of domain registered by different holders from domain name), to any email address or the bonds of contact that appear in this page; and

     III) to send the demand, including all the Annexes, to any email address who the Demanded one has informed to the Supplier as into its preference and, to where it is possible, to all the other email addresses provided to the Supplier by the Plaintiff according to the established thing in the Paragraph (3 b) (v).

(b) Except the arranged thing in Paragraph 2 (a), any communication written for the Plaintiff or the Demanded one that settles down in the present Regulation will have to be realised of electronic way through Internet (must stay available a registry of its shipment), or through any means that the Plaintiff or the Demanded one has briefed reasonably as of their preference, respectively (to see Paragraphs 3 (b) (III) and 5 (b) (III)).

(c) Any communication that is sent to the Supplier or the Panel will have to take place by means and of the form (including, where it corresponds, the number of copies) established in the Complementary Regulation of the Supplier.

(d) the communications will have to be carried out in the language established in Paragraph 11.

(e) Anyone of the Parts will be able to update its data of contact notifying them to the Supplier and the Recorder.

(f) Except in the cases in that the opposite in this Regulation settles down itself, or that a Panel prepares the opposite, all the communications ready in the present Regulation will have to be considered carried out:

1.    if they take place through Internet, in the date in which the communication was transmitted, as long as the date of transmission is verifiable; or, where it corresponds 

2.    if fax or fax were given by means of, in the date that appears in the confirmation of the transmission; or:

3.    if it were sent by email postal or by service of deliveries, in the date that appears in the receipt.

(g) Except in the cases in that the present Regulation prepares the opposite, all the periods who according to the arranged thing in this Regulation must calculate as initiates when taking place a communication, must begin to count themselves as of the earliest date in than it is considered carried out the communication according to the established thing in Paragraph 2 (f).

(h) All communication of

1.    a Panel to anyone of the Parts will have to be sent with copies to the Supplier and the other Part;

2.    the Supplier to anyone of the Parts will have to be sent with copy to the other Part; and

3.    one of the Parts will have to be sent with copy to the other Part, to the Panel and the Supplier, according to is the case.

(i) Will be responsibility of the sender to maintain a registry of the fact and the circumstances of the shipment, that it will have to be at the disposal of the parts affected for inspection and that it will serve for the preparation of information. This includes the shipments of Notifications written on the part of the Demanded Supplier to the by email postal and/or fax according to the established thing in the 2 Paragraph (a) (i).

(j) If one of the Parts received notification of which its communication has not been given, the Part will have to notify immediately to the Panel (or, if a Panel does not designate itself still, to the Supplier) the circumstances of the notification. The additional procedures corresponding to the communication and any answer will have to be carried out according to the arranged thing by the Panel (or the Supplier).

3. The demand

 

(a) Any person or organization can institute an administrative procedure presenting a demand before any Supplier approved by ICANN in agreement with the established thing in the Policy and this Regulation. (Due to limitations of capacity or to other reasons, sometimes the Suppliers can turns disabled to accept demands. In such case, the Supplier will have to reject the delivery. The person or the organization will be able to give her demand to another Supplier.)

(b) the demand, including all the Annexes, will have to be given in electronic format and will have:

                      i.                To solicit that the demand is presented to consideration in agreement with the Policy and with this Regulation;

                     II.                To include the name, mailing dresses and of e-mail, and the phone numbers and telefax of the Plaintiff and any authorized representative to act to name of the Demanded one in the administrative procedures;

                    III.                To specify a method of preference for the communications directed to the Plaintiff as part of the administrative procedure (including the person to contact, means, and the details of the direction) for each of (a) the materials exclusively in electronic format and (b) the materials that include printed copies (according to correspond);

                    IV.                To indicate if the Plaintiff decides on a Panel of a single member or three members to dissolve the dispute, and in case the Plaintiff decides on a Panel of three members, to indicate the names and the data of contact of three candidates so that one of them acts as Panellist (the three candidates can select themselves of any list of panellists of any Supplier approved by ICANN);

                     v.                To brief the name of Demanded (to title of the domain name) and the all the information (including any mailing dress or of e-mail and phone numbers and telefax) which it has the Plaintiff to contact to the Demanded one or any representative of the Demanded one, including information of contact used in previous communications to the demand; the information must sufficiently be detailed so that the Supplier can send the demand according to the established thing in the Paragraph 2 (a);

                    I saw.                To specify () the name (s) of domain that constitutes (n) the object of the demand;

                   vii.                To identify to (to) the Recording one (it is) before who (she is) is registered () the name (s) of domain when to appear the demand;

                  viii.                To specify (s) the brand (s) registered (s) or (s) the brand (s) on watch in (s) that is based the demand and, for each brand, to describe to the goods or the services, according to corresponds, with which the brand is used (the Plaintiff can also describe other goods and services separately with which she tries, when presenting the demand, to use the brand in the future.);

                   ix.                To describe, according to the arranged thing in the Policy, the plinths of the demand, including in particular:

 

1.            the form in which () the name (s) of domain is (is) identical (s) or substantially similar (s) to the trademark or the brand on watch on which the Plaintiff has right; and

2.            why it must be considered that the Demanded one (to title of the domain name) does not have right nor I interest legitimate in relation to () the name (s) of domain that constitutes (n) object of the demand; and

3.            why it must be considered that () the name (s) of domain (n) has been registered and used of bad faith

(The description, in the case of the elements (2) and (3), must make reference to the aspects of Paragraphs 4 (b) and 4 (c) of the Policy that corresponds. The description must adjust to any limit of words or pages established in the Complementary Regulation of the Supplier.);

     x) To specify, in agreement with the Policy, the solutions that are persecuted;

     XI) To identify any other legal procedure that has begun or concluded tie to or that it bears relation to any name (s) from domain that is (n) the object of the demand;

     xii) To brief that a copy of the demand, including all the Annexes, along with the presentation leaf what prescribes the Complementary Regulation of the Supplier, it has been sent or transmitted to the Demanded one (to title of the domain name), in agreement with the established thing in Paragraph 2 (b);

     XIII) To brief that the Plaintiff will be put under, in relation to any appeal before a decision of the administrative procedure to cancel or to transfer the domain name, to the jurisdiction of the courts in at least one specified mutual Jurisdiction;

     xiv) To conclude with the following followed declaration of the signature (in any electronic format) of the Plaintiff or his authorized representative.

“The Plaintiff agrees that its claims and repairs with respect to the registry of the domain name, the dispute, or the resolution of the dispute will be directed only against the holder of the domain name and resigns to the institution of such claims and repairs against (a) the suppliers of resolution of disputes and the panellists, except in case of evil coming deliberate, (b) the recorder, (c) the administrator of the registry, and (d) the Corporation of Internet for Names and Números Asignados (ICANN), as well as his managers, civil servants, employees, and agents.?

“The Plaintiff gives faith of which the information contained in this Demand is, to where its knowledge reaches, completes and specifies, that this Demand does not appear for any illegal intention, as the harassment, and that the affirmations contained in this Demand are protected by this Regulation and by the corresponding law, what exists now or in the forms that could extend by a reasonable argument and of good faith. ?; and

     xv) To annex any documentary evidence or of another nature, including a copy of the Policy corresponding to () the name (s) of domain object of the dispute, and any registered registry name brand or name brand on watch on which the demand is based, along with an appendix where it appears a list of such tests.

(c) the demand can be related to more of a domain name, as long as the domain names are registered by the same holder of the domain name.

4. Notification of the demand

 

(a) the Supplier will have to review the demand to verify its conformity with the established thing in the Policy and this Regulation, and to exist such conformity, will have to make arrive the demand, including all the Annexes, by via electronics to the Demanded one and will have to send written Notification of the demand (along with the leaf of explanatory presentation that has the Complementary Regulation the Supplier) to the Demanded one, of the form that get ready in the Paragraph 2 (a), within three (3) days natural from the receipt of the payment that must realise the Plaintiff according to the arranged thing in Paragraph 19.

(b) If the Supplier determined that the demand is administratively inadequate, will have to notify immediately to the Plaintiff and Demanded the nature of the identified deficiencies. The Plaintiff will have five (5) days natural to correct any deficiency of that nature, and after that term the administrative procedure will be considered cancelled without for that reason the Plaintiff is himself crippled to present a different demand.

(c) the date of beginning of the administrative procedure will be the date in which the Supplier fulfills the responsibilities that are assigned in the Paragraph 2 (a) with respect to the shipment of the demand the Demanded one.

(d) the Supplier will have to immediately notify the Plaintiff, to the Demanded one, () Recording (it is) the corresponding one (s), and to ICANN the date of beginning of the administrative procedure.

5. The answer

 

a) Within twenty (20) days as of the date of beginning of the administrative procedure, the Demanded one will have to present an answer to the Supplier.

b) The answer, including all the Annexes, will have to be given in electronic format and will have:

     i) specifically To respond to the declarations and imputations contained in the demand and to include anyone and each one of the bases that they give Demanded (to title of the domain name) to the right to retain the registry and use of the name of domain in dispute. (This part of the answer will have to adjust to any limit of words or pages established in the Complementary Regulation of the Supplier.);

     II) To include the name, mailing dresses and of e-mail, and the phone numbers and telefax of the Demanded one (to title of the domain name) and of any authorized representative to act to name of the Demanded one in the administrative procedures;

     III) To specify a method of preference for the communications directed to Demanded as part of the administrative procedure (including the person to contact, means, and the details of the direction) for each of (a) the materials exclusively in electronic format and (b) the materials that include printed copies (according to correspond);

     IV) If the Plaintiff had decided on a panel of a single member in the demand (to see Paragraph 3 (b) (IV)), to brief if the Demanded one prefers, on the contrary, that the dispute is dissolved by a panel of three members;

     v) If the Plaintiff or the Demanded one decided on a Panel of three members, to brief the names and the details of contact of the three candidates to serve as one as the Panellists (these candidates can choose themselves of any list of panellists of a Supplier approved by ICANN);

     VI) To identify any other legal procedure that has begun or concluded tie to or that it bears relation to any name or names from domain that is the object of the demand;

     vii) To brief that a copy of the answer, including all the Annexes, has been sent or transmitted the Plaintiff, in agreement with the established thing in Paragraph 2 (b); and

     viii) To conclude with the following followed declaration of the signature (in any electronic format) of the Demanded one or its authorized representative.

“The Demanded one gives faith of which the information contained in this Replaced is, to where its knowledge reaches, completes and specifies, that this Answer does not appear for any illegal intention, as the harassment, and that the affirmations contained in this Answer are protected by this Regulation and by the corresponding law, what exists now or in the forms in which it could extend by a reasonable argument and of good faith. ?, and

     ix) To annex any documentary evidence or of another nature that endorses to the Demanded one, along with an appendix where it appears a list of such documents.

(c) If the Plaintiff had decided on a Panel of a single member to decide the dispute and the Demanded one would choose a Panel of three members, the Demanded one will have to pay half of the price corresponding to the use of a Panel of three members, what settles down in the Complementary Regulation of the Supplier. This payment will be realised when to give the answer to the Supplier. Of not being realised the corresponding payment, the dispute will be dissolved by a Panel of a single member.

(d) At the request of the Demanded one, the Supplier will be able, in exceptional cases, to extend the term of time for the presentation of the answer. The period also will be able to extend by means of an agreement written between the Parts, as long as the agreement is approved by the Supplier.

(e) If the Demanded one does not present an answer, in the absence of exceptional circumstances, the Panel will decide the dispute being based on the demand.

6. Designation of the Panel and terms of the decision

 

(a) Each Supplier will have to maintain and to publish a list of the panellists available and its qualifications.

(b) If neither the Plaintiff nor the Demanded one had decided on a Panel of three members (Paragraphs 3 (b) (IV) and 5 (b) (IV)), the Supplier will designate, within five (5) days natural from the receipt of the answer by the Supplier, or passed the term of time for the presentation of the same, a single Panellist of its list of panellists. The honoraria of the Panel of a single members will be covered in their totality by the Plaintiff.

(c) If the Plaintiff or the Demanded one decided on a Panel of three members for the resolution of the dispute, the Supplier will have to designate three Panellists in agreement with the procedures described in the Paragraph 6 (e). The honoraria of the Panel of three members will be covered in their totality by the Plaintiff, except in case the election of the Panel of three members it has been of the Demanded one, in which case the corresponding honoraria will be shared to equal parts between the Parts.

(d) Unless already it has decided on a Panel of three members, the Plaintiff will have to give to the Supplier within five (5) days natural from the communication of an answer in which the Demanded one has decided on a Panel of three members, the names and details of contact of three candidates to act as one of the Panellists. These candidates can choose themselves of any list of panellists of a Supplier approved by ICANN.

(e) In case the Plaintiff or the Demanded one decided on a Panel of three members, the Supplier will have to strive to designate a Panellist of the list of candidates given by the Plaintiff and the Demanded one respectively. If within the term of five (5) days the Supplier would not have been able to guarantee the designation of a Panellist in the customary terms of any of the lists of candidates given by the Parts, the Supplier will have to realise this designation using its list of panellists. The third Panellist will have to be designated by the Supplier among the members of a list of five candidates who the Supplier will give to the Parts, and the selection of one of these five candidates will have to be realised by the Supplier so that it reasonably balances the preferences of both Parts, as will be able to specify to the Supplier within five (5) days natural as of which the Supplier has made delivery to the Parts of the list of five candidates.

(f) Once all the Panel has been designated, the Supplier will have to notify to the Parts the designated Panellists and the date in which, of not appearing exceptional circumstances, the Panel will have to send to the Supplier his decision with respect to the demand.

7. Impartiality and independence

 

The Panellists must be impartial and independent and must have developing to the Supplier, before accepting the designation, any circumstance that can provoke doubts justified about the impartiality or independence of the Panellist. If, in any stage of the administrative procedure, new circumstances arose that could provoke doubts justified with respect to the impartiality or independence of the Panellist, the Panellist will have to reveal immediately such circumstances to the Supplier. In such case, the Supplier must have the prudence to designate to a Panellist substitute.

8. Communication between the Parts and the Panel

 

No of the Parts nor anybody acting in its name will be able to maintain one-way communications some with the Panel. All the communications between one of the Parts and Panel or the Supplier will have to go to an administrator of the case designated by the Supplier in agreement with the arranged thing in the Complementary Regulation of the Supplier.

9. Transmission of the File to the Panel

 

The Supplier will have to make arrive the file at the Panel so soon has been designated the Panellist in the case of a Panel constituted by a single member, or so soon the last Panellist in the case of a Panel of three members has been designated.

10. General powers of the Panel

 

(a) the Panel will have to handle the administrative procedure of the form that considers suitable in correspondence with the Policy and the present Regulation.

(b) In all the cases, the Panel will have to guarantee that the Parts are dealt with fairness and that to each Part him of a right opportunity to appear its case.

(c) the Panel will have to guarantee that the administrative procedure is carried out with the due rapidity. It will be able, at the request of one of the Parts or by own initiative, to extend, in exceptional cases, a period of time established in the present Regulates or by the Panel.

(d) the Panel will decide the admissibility, relevance, materiality and weight of the tests.

(e) a Panel will consider the request realised by one of the Parts to consolidate multiple disputes on names of domain in agreement with the arranged thing in the Policy and the present Regulation.

11. Language of the procedures

 

(a) Unless the Parts decide the opposite, or unless the Agreement of Registry specifies the opposite, the language of the administrative procedure will be the language in the Agreement of Registry, and will be subject to the authority of the Panel to determine the opposite, having in consideration the circumstances of the administrative procedure.

(b) the Panel will be able to arrange that any document presented in a language that is not the language of the administrative procedure is accompanied of a complete or partial translation to the language of the administrative procedure.

12. Additional declarations

 

In addition to the demand and the answer, the Panel will be able to solicit, to his exclusive discretion, additional declarations or documents to anyone of the Parts.

13. Actual hearings

 

Actual hearings will not have to be realised (including hearings through videophone conferences, videoconferences or conferences Web), unless the Panel determines, to its exclusive discretion and as exceptional subject, that are needed a hearing to decide the demand.

14. Non-appearance

 

(a) In case one of the Parts, in the absence of exceptional circumstances, would not fulfill some of the terms of time established by this Regulation or the Panel, the Panel will come to make a decision on the demand.

(b) If one of the Parts, in the absence of exceptional circumstances, would not fulfill with some of the dispositions nor with some of the requirements established in the present Regulation or some of the requests of the Panel, the Panel will infer of it the conclusions who considers pertinent.

15. Decisions of the Panel

 

(a) a Panel will decide a demand being based on the declarations and given documents and in agreement with the Policy, with the present Regulation and any regulation and principle of law that considers pertinent.

(b) In the absence of exceptional circumstances, the Panel will have to communicate its decision on the demand to the Supplier within fourteen (14) days from its designation in agreement with the established thing in Paragraph 6.

(c) In the case of a Panel of three members, the decision of the Panel will have to be taken by majority.

(d) the decision of the Panel will have to appear of written way, will have to brief the reasons on which it bases its verdict, of indicating the date in that it was emitted, and of identifying () the name (s) of (of) the Panellist (s).

(e) the decisions of the Panel and the discrepant opinions will have to normally fulfill the lineaments of extension had in the Complementary Regulation the Supplier. The majority decision will have to be accompanied by any discrepant opinion. If the Panel concludes that the dispute escapes within reach of the arranged thing in Paragraph 4 (a) of the Policy, will have to show it. If after considering documents given the Panel it determines that the demand became of bad faith, for example, that is an Inverse attempt of Kidnapping of Name of Domain, or that was instituted mainly to harass the holder of the domain name, the Panel will have to declare his decision of which the demand was instituted of bad faith and that constitutes a violation of the administrative procedure.

16. Communication of the decision to the Parts

 

(a) Within three (3) days natural from to have received the decision of the Panel, the Supplier will have to communicate the complete text of the decision to each Part, (to) Recording (it is) the corresponding one (s), and to ICANN. () Recording (it is) the corresponding one (s) will have (n) to communicate immediately to each Part, the Supplier, and ICANN the date for the implementation of the decision in agreement with the Policy.

(b) Except in case the Panel it determines the opposite (to see Paragraph 4 (j) of the Policy), the Supplier will have to completely publish the decision and the date of its implementation in a website of public access. Of any way, the section of any decision where it determines that a demand has appeared of bad faith (to see Paragraph 15 (e) of the present Regulation) will have to be published.

17. Resolution and other terms of cancellation

 

(a) If, before the Panel makes a decision, the Parts decide a solution, the Panel will cancel the administrative procedure.

(b) If, before the Panel makes a decision, it became unnecessary or impossible to continue for whatever reason with the administrative procedure, the Panel will annul the administrative procedure, unless one of the Parts sufficiently presents a based objection within a term of time to be fixed by the Panel.

18. Effect of judicial procedures

 

(a) In case of previously occurring any instituted legal procedure or during an administrative procedure with respect to a dispute on a domain name that is the object of the demand, the Panel will have to its discretion to decide if it suspends or it annuls the administrative procedure, or it comes to emit a decision.

(b) In case one of the Parts initiates any legal procedure when still the result of an administrative procedure corresponding to a dispute is pending on a domain name that is object of a demand, must notify it immediately to the Panel and the Supplier. To see Paragraph 8 more above.

19. Tariffs

 

(a) the Plaintiff will have to realise an initial fixed payment to the Supplier, in agreement with the Complementary Regulation of the Supplier, within the term and by the amount required. Demanding that chooses, in agreement with the established thing in Paragraph 5 (b) (IV) to decide the dispute by means of a Panel of three members instead of the Panel of a member selected by the Plaintiff, will have to pay to the Supplier half of the determined cost corresponding to the Panel of three members. To see Paragraph 5 (c). In all the other cases, the Plaintiff will have to cover all the honoraria with the Supplier, except what anticipating in Paragraph 19 (d). Once designated the Panel, the Supplier will have to reimburse the corresponding sum, of having it, the initial cost to the Plaintiff, specific what in the Complementary Regulation of the Supplier.

(b) the Supplier will not have to realise procedure some with respect to a demand until to have received the ready initial payment in the Paragraph 19 (a).

(c) If the Supplier did not receive the payment within ten (10) days natural from the receipt of the demand, the demand will be considered distant and the administrative process will be annulled.

(d) In exceptional circumstances, for example, in case of being realised an actual hearing, the Supplier will have to ask for to the Parts the payment of additional costs, that will have to settle down with the consent of the Parts and the Panel.

20. Exemption of responsibility

 

Except the cases of evil of coming deliberate, neither the Supplier nor no Panellist will have to take responsibility before one of the Parts by no act or omission related to no contemplated administrative procedure in the present Regulation.

21. Amendments

 

The version of this Regulation in force at the time of the presentation of the demand to the Supplier will have to be the one that governs the instituted administrative process as of that moment. This Regulation cannot be modified without the express written authorization of ICANN.