World Intellectual Property Organization

WIPO Supplemental ERDRP Rules for .NAME

World Intellectual Property Organization Supplemental Rules for Eligibility Requirements Dispute Resolution Policy for .NAME (the "WIPO Supplemental ERDRP Rules") (In effect as of January 15, 2002)


1. Scope

(a) Relationship to ERDRP Rules. These WIPO Supplemental ERDRP Rules apply and must be read in connection with the Rules for Eligibility Requirements Dispute Resolution Policy for .NAME, approved by the Internet Corporation for Assigned Names and Numbers (ICANN) on August 1, 2001 (the " ERDRP Rules").

(b) Version of WIPO Supplemental ERDRP Rules. The version of these WIPO Supplemental ERDRP Rules as in effect on the date of the submission of the complaint shall apply to the administrative proceeding commenced thereby.

 

2. Definitions

Any term defined in the ERDRP Rules shall have the same meaning in these WIPO Supplemental ERDRP Rules.

 

3. Communications

(a) Modalities. Subject to Paragraphs 3(b) and 5(b) of the ERDRP Rules concerning hard copy submissions, except where otherwise agreed beforehand with the Center, any submission that may or is required to be made to the Center or to an Administrative Panel pursuant to the ERDRP Rules or these WIPO Supplemental ERDRP Rules, may be made:

  1. by electronic mail (e-mail) using the address specified by the Center;
  2. by telecopy or facsimile transmission, with a confirmation of transmission.

(b) E-Mail Address. For the purposes of any communications by electronic mail to the Center, including those required under Paragraphs 3(b) and 5(b) of the ERDRP Rules, the following address should be used: disputes.name@wipo.int.

(c) Copies. When a Party is required to make a paper submission to the Center, that Party shall submit:

  1. the original of such submission;
  2. three (3) copies of such submission; and
  3. a number of additional copies corresponding to the number of persons or entities involved on the part of the other Party/Parties to the dispute.

(d) Archive. The Center shall maintain an archive of all communications received or required to be made under the ERDRP Rules.

 

4. Submission of Complaint

(a) Complaint Transmittal Coversheet. In accordance with Paragraph 3(b)(xii) of the ERDRP Rules, the Complainant shall be required to send or transmit its complaint to the Respondent(s) under cover of the applicable ERDRP Complaint Transmittal Coversheet set out in Annex A hereto and posted on the Center’s web site. Where available, the Complainant shall use the version that is in the same language(s) as the registration agreement(s) for the registration(s) that is/are the subject of the complaint.

(b) Registrar Notification. The Complainant shall provide a copy of the complaint to the concerned Registrar(s) at the same time as it submits its complaint to the Center.

(c) Complaint Notification Instructions. In accordance with Paragraph 4(a) of the ERDRP Rules, the Center shall forward the complaint to the Respondent(s) together with the applicable instructions set out in Annex B hereto and posted on the Center’s website.

 

5. Formalities Compliance Review

(a) Deficiency Notification. The Center shall, as soon as possible, review the complaint for compliance with the formal requirements of the ERDRP Policy, the ERDRP Rules and the WIPO Supplemental ERDRP Rules and notify the Complainant and Respondent of any deficiencies therein.

(b) Withdrawal. If the Complainant fails to remedy any deficiencies identified by the Center within the time period provided for in Paragraph 4(b) of the ERDRP Rules (i.e., five (5) calendar days), the Center shall notify the Complainant, the Respondent and the concerned Registrar(s) of the deemed withdrawal of the complaint.

(c) Fee Refunds. In the event of a deemed withdrawal, the Center shall refund the fee paid by the Complainant pursuant to Paragraph 19 of the ERDRP Rules, less a processing fee as set forth in Annex D.

 

6. Appointment of Case Administrator

(a) Notification. The Center shall advise the Parties of the name and contact details of a member of its staff who shall be the Case Administrator and who shall be responsible for all administrative matters relating to the dispute and communications to the Administrative Panel.

(b) Responsibilities. The Case Administrator may provide administrative assistance to the Administrative Panel or a Panelist, but shall have no authority to decide matters of a substantive nature concerning the dispute.

 

7. Panelist Appointment Procedures

(a) Party Candidates. Where a Party is required to submit the names of three (3) candidates for consideration for appointment by the Center as a Panelist (i.e., in accordance with paragraphs 3(b)(iv), 5(b)(v) and 6(d) of the ERDRP Rules), that Party shall provide the names and contact details of its three candidates in the order of its preference. In appointing a Panelist, the Center shall, subject to availability, respect the order of preference indicated by a Party. If unsuccessful, the Center shall make an appointment from its published list.

(b) Presiding Panelist

  1. The third Panelist appointed in accordance with Paragraph 6(e) of the ERDRP Rules shall be the Presiding Panelist.
  2. Where, under Paragraph 6(e) of the ERDRP Rules, a Party fails to indicate its order of preference for the Presiding Panelist to the Center, the Center shall nevertheless proceed to appoint the Presiding Panelist.
  3. Notwithstanding the procedure provided for in Paragraph 6(e) of the ERDRP Rules, the Parties may jointly agree on the identity of the Presiding Panelist, in which case they shall notify the Center in writing of such agreement no later than five (5) calendar days after receiving the list of candidates provided for in Paragraph 6(e).

(c) Respondent Default. Where the Respondent has paid the Respondent’s fees in accordance with Paragraph 19(a)(ii) of the ERDRP Rules, but does not submit a response or does not submit the payment provided for in Paragraph 5(c) of the ERDRP Rules by the deadline specified by the Center, the Center shall proceed to appoint the Administrative Panel, as follows:

  1. If the Complainant has designated a single-member Administrative Panel, the Center shall appoint the Panelist from its published list;
  2. If the Complainant has designated a three-member Administrative Panel, the Center shall, subject to availability, appoint one Panelist from the names submitted by the Complainant and shall appoint the second Panelist and the Presiding Panelist from its published list.

(d) Ex Officio proceeding. If, pursuant to Paragraph 15(f) of the ERDRP Rules, the Respondent is required to demonstrate, for all Phase I Defensive Registrations registered by that Respondent, that it meets the Eligibility Requirements for Phase I Defensive Registrations, the Center shall appoint a single-member Administrative Panel from its published list.

 

8. Declaration

In accordance with Paragraph 7 of the ERDRP Rules, prior to appointment as a Panelist, a candidate shall be required to submit to the Center a Declaration of Independence and Impartiality using the form set out in Annex C hereto and posted on the Center’s web site.

 

9. Fees

The applicable fees for the administrative procedure are specified in Annex D hereto and posted on the Center’s web site . Payment shall be made by credit card (American Express, Visa, Master Card). The Center is under no obligation to accept payments effected by any other means.

 

10. Word Limits

(a) The word limit under Paragraph 3(b)(ix) of the ERDRP Rules shall be 5,000 words .

(b) The word limit under Paragraph 5(b)(i) of the ERDRP Rules shall be 5,000 words.

(c) For the purposes of Paragraph 15(e) of the ERDRP Rules, there shall be no word limits.

 

11. Amendments

Subject to the ERDRP Policy and Rules, the Center may amend these WIPO Supplemental ERDRP Rules in its sole discretion.

 

12. Exclusion of Liability

Except in respect of deliberate wrongdoing, an Administrative Panel, the World Intellectual Property Organization and the Center shall not be liable to a party, a concerned registrar, the Registry Operator or ICANN for any act or omission in connection with the administrative proceeding.

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