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  • This is an unofficial translation provided as reference material to aid in the understanding of this rule.
  • Only the original Japanese texts of the rule have legal effect. http://www.nic.ad.jp/ja/doc/validity.html
  • This document does not reflect the change in the original Japanese texts effective on June 1, 2007 so this is not a translation of the current rule in effective.
                                     Japan Network Information Center
                                           Publication: July 19, 2000
                                            Revised: October 10, 2000
                                           Revised: February 19, 2002
                                           Implemented: April 1, 2002

       Rules for JP Domain Name Dispute Resolution Policy

JP Domain Name Dispute Resolution Proceeding based on "JP Domain Name
Dispute Resolution Policy" adopted by Japan Network Information Center
(hereinafter referred to as "JPNIC") shall be conducted in accordance
with "Rules for JP Domain Name Dispute Resolution Policy" (hereinafter
referred to as "the Rules"), and also with the Supplemental Rules of
the dispute-resolution service provider administering the proceedings,
as posted on its web site.

Art. 1 Definitions

In these Rules:

  a. "Complainant" means the party submitting a complaint concerning
     JP Domain Name Dispute Resolution Proceedings.

  b. "Party" means a Complainant or a Registrant of the domain name in
     JP Domain Name Dispute Resolution Proceedings.

  c. "Provider" means a dispute-resolution service provider certified
     by JPNIC. A list of such Providers appears on the web site of
     JPNIC.

  d. "Panel" means an administrative panel appointed by a Provider in
     order to review and decide a complaint concerning JP Domain Name
     Dispute Resolution Proceedings.

  e. "Panelist" means an individual appointed by a Provider to be a
     member of a Panel.

  f. "Mutually agreed jurisdiction" means either:

     1. The Tokyo District Court, or

     2. A court of jurisdiction at the location of the address of the
        Registrant set forth in the domain name's registration record
        in Japan Registry Service Co., Ltd(hereinafter referred to as
        "JPRS") at the time the Complainant submitted a complaint to
        the Provider.

  g. "Registration Rules" means "Registration Rules for Organizational
     Type and Geographic Type JP Domain Names" and "Registration Rules
     for General-use JP Domain Names", which prescribe the content of
     contract between JPRS and the Registrant.

  h. "Resolution Policy" means the "JP Domain Name Dispute Resolution
     Policy" that is incorporated by reference and made a part of the
     Registration Rules.

  i. "Business Day" means business days set forth otherwise in
     Supplemental Rules by the Provider.

  j. "Supplemental Rules" means the rules adopted by the Provider
     administering the JP Domain Name Dispute Resolution Proceeding to
     supplement these Rules. These Supplemental Rules shall not be
     inconsistent with the Policy or these Rules, and shall cover such
     topics as fees, word and page limits and guidelines, the means
     for communication with the Provider and the Panel, and the form
     of cover sheets for communication and notification.

Art. 2 Communications

  a. When forwarding a complaint to the Registrant, it shall be the
     Provider's responsibility to employ a reasonably available means
     calculated to achieve actual notice to Registrant. Achieving
     actual notice, or employing all the following measures to do so,
     communications shall be deemed to have been actually achieved.

         i. Sending the complaint to all postal and facsimile
            addressesof the representative and the person in charge of
            registration of the registered domain name holder shown in
            the domain name's registration data in JPRS.

        ii. Sending the complaint in electronic form (including
            annexes to the extent available in that form by e-mail) to
            all the following addresses

              A. the e-mail address of the person in charge of
                 registration

              B. postmaster@<the contested domain name>

       iii. Sending the complaint to any address the Registrant has
            notified the Provider it prefers and to all other
            addresses notified to the Provider by the Complainant
            under Art. 3 (b)(v).

  b. Except as provided in the previous paragraph, any written
     communication to the Complainant or Registrant provided for under
     these Rules shall be made by the preferred means stated by the
     Complainant or Registrant, respectively as set forth in Art. 3
     (b)(iii) or Art. 5 (b)(iii), or in the absence of such
     specification by either of the following means.

         i. by facsimile transmission, with a confirmation of
            transmission; or

        ii. by postal service, postage pre-paid and return receipt
            requested; or

       iii. electronically via the Internet, provided that a record of
            its transmission is available.

  c. Any communication from either Party to the Provider or the Panel
     shall be made by the means and in the manner (including number of
     copies) stated in the Supplemental Rules.

  d. Communication shall be made in the language prescribed in
     Art. 11. E-mail communications should be sent in plain text.

  e. Either Party may update its contact details (including contact
     person, means, postal address, e-mail address, telephone number
     and fax number) by notifying the Provider and JPRS.

  f. Except as otherwise provided in these Rules, or decided by a
     Panel, all communications provided for under these Rules shall be
     deemed to have been made on either of the following dates:

         i. if delivered by facsimile transmission, on the date shown
            on the confirmation of transmission; or

        ii. if by postal service, on the date marked on the receipt; or

       iii. if via the Internet, on the date that the communication
            was transmitted, provided that the date of transmission is
            verifiable.

  g. Except as otherwise provided in these Rules, all time periods
     under these Rules shall begin to be reckoned from the earliest
     date that the communication is deemed to have been made in
     accordance with the previous paragraph.

  h. All the copies of communications shall be sent to the parties
     concerned as follows;

         i. if from the Panel to either of the Party, to the Provider
            and the other Party;

        ii. if from the Provider to either of the Party, to the other
            Party; and

       iii. if from either Party, to the other Party, the Panel and
            the Provider, as the case may be.

  i. It shall be the responsibility of the sender to retain records of
     the fact and circumstances of sending, which shall be available
     for inspection by affected parties and for reporting purposes.

Art. 3 The Complaint

  a. Any person or entity, who has a stake in a registered domain name
     may initiate JP Domain Name Dispute Resolution Proceedings by
     submitting a complaint in accordance with the Policy and these
     Rules to any Provider approved by JPNIC. (Due to capacity
     constraints or for other reasons, a Provider's ability to accept
     complaints may be suspended at times. In that event, the Provider
     shall refuse the submission. The person or entity refused
     submission may submit the complaint to another Provider.)

  b. The complaint shall be submitted in hard copy and in e-mail
     (except to the extent not available for attached to e-mail as
     related documents) and shall:

         i. Request that the complaint be submitted for decision in
            accordance with the Policy and these Rules;

        ii. Provide the name, postal and e-mail addresses, and the
            telephone and fax numbers of the Complainant and of any
            agent authorized to act for the Complainant in the JP
            Domain Name Dispute Resolution Proceeding.

       iii. Specify a preferred method for communications directed to
            the Complainant in the JP Domain Name Dispute Resolution
            Proceeding (including person to be contacted, medium and
            postal and e-mail address information) for each (A)
            communication by e-mail and (B) communication by postal
            service;

        iv. Designate whether the Complainant elects to have the
            dispute decided by a single member or a three member Panel
            that will decide in the JP Domain Name Dispute Resolution
            Proceedings, and in the event that the Complainant elects
            a three member Panel, provide the names and contact
            details of three candidates to serve as one of the
            Panelists (these candidates must be drawn from any
            JPNIC-approved Provider's list of panelists);

         v. Provide the name of the Registrant, the name of office and
            others, and all information (including any postal and
            e-mail addresses and telephone and fax numbers) known to
            the Complainant regarding how to contact the Registrant or
            any agent of Registrant, including contact information
            based on pre-complaint dealings of JP Domain Name Dispute
            Resolution Proceeding, in sufficient detail to allow the
            Provider to send the complaint as described in Art. 2(a);

        vi. Specify the domain name(s) that is / are the subject of
            the JP Domain Name Dispute Resolution Proceedings;

       vii. Identify that the domain name(s) is / are registered with
            JPRS at the time the complaint is filed;

      viii. Specify any mark(s) such as trademark(s) and other
            indication(s) on which the complaint is based, and
            describe the nature and content of the goods or services,
            if any, with which the mark or indication is used (the
            Complainant may also separately describe other goods and
            services with which it intends, at the time the complaint
            is submitted, to use the mark in the future);

        ix. Describe the grounds and reasons on which the complaint is
            made including the following three items, in particular,

             1. the manner in which the subject domain name(s) is /
                are identical or confusingly similar to any trademark
                and other indication in which the Complainant has
                rights or legitimate interests; and

             2. why the Registrant should be considered as having no
                rights or legitimate interests in respect of the
                subject domain name(s);

             3. why the domain name(s) should be considered as having
                been registered or being used for in bad faith (unfair
                purpose). (The description should, for elements (2)
                and (3) above, discuss any aspects of Art. 4 Paragraph
                (b) and (c) of the Policy that are applicable. The
                description shall comply with any word or page limit
                set forth in the Provider's Supplemental Rules);

         x. Specify, in accordance with the Policy and these Rules,
            the remedies sought;

        xi. Identify any other legal proceedings that have been
            commenced or terminated in connection with or relating to
            any of the domain name(s) that is /are the subject of the
            complaint;

       xii. State that the Registrant will submit any challenges to a
            decision canceling or transferring the domain name, to the
            jurisdiction of the courts in at least one specified
            Mutually agreed jurisidicition.

      xiii. Conclude with the following statement followed by the
            signature or setting the hands and seals of the Complaint
            or its authorized agent:

             1. "Complainant agrees that its claims and remedies
                concerning the registration of the domain name, the
                dispute, or the dispute's resolution shall be solely
                against the Registrant and waives all such claims and
                remedies against (a) the dispute-resolution provider
                and panelists, (b) JPRS itself, directors, officers,
                employees of JPRS and other persons concerned, and (c)
                JPNIC itself, directors, officers, employees,
                committee members of JPNIC and other persons
                concerned, except in the case of deliberate
                wrongdoing."

             2. "Complainant certifies that the information contained
                in this Complaint is to the best of Complainant's
                knowledge complete and accurate, that this Complaint
                is not being presented for any improper purpose, such
                as to harass."

       xiv. Annex of any documentary or other evidence, including a
            copy of the Policy applicable to the subject domain
            name(s) in dispute and any trademark registration upon
            which the complaint relies, together with a schedule and
            description indexing such evidence.

        xv. Submit proxy (documentation certifying the existence of
            proxy) if an agent conducts this proceeding,

  c. The Complaint may relate to more than one domain, provided that
     the domain names are registered by the same Registrant.

Art. 4 Service of Process for Complaint

  a. The Provider shall review the complaint for compliance with the
     Policy and these Rules and, if in compliance, shall forward the
     complaint, together with the explanatory cover sheet prescribed
     by the Provider's Supplemental Rules to the Registrant, in the
     manner prescribed by Art. 2 (a) within three (3) business days
     following receipt of the fees to be paid by the Complainant in
     accordance with Art. 19.

  b. If the Provider finds the complaint to be administratively
     deficient, it shall promptly notify the Complainant of the nature
     of the deficiencies identified. The Complainant shall have five
     (5) business days after the receipt of such notification to
     correct any such deficiencies. Without any correction during this
     term, the Complaint will be deemed withdrawn. Provided however,
     even though the subject complaint is deemed withdrawn, the
     Complainant may submit a new complaint.

  c. The date of commencement of the proceedings shall be the date on
     which the Provider sends the complaint to the Registrant under
     Art. 2 (a).

  d. The Provider shall immediately notify the Complainant, the
     Registrant, JPNIC and JPRS of the domain name in dispute and the
     date of commencement of the proceedings.

Art. 5 The Answer

  a. Within twenty (20) business days of the date of commencement of
     the proceeding, the Registrant shall submit a response to the
     Provider.

  b. The answer shall be submitted in hard copy and (except to the
     extent not available for the attached to e-mail as related
     documents) in e-mail and shall state the following items:

      1. Responding and rebutting specifically to the statements and
         allegations contained in the complaint and include any and
         all reasons or bases for the Registrant to retain
         registration and use of the disputed domain name (This
         portion of the answer shall comply with any word or page
         limit set forth in the Provider's Supplemental Rules);

      2. Providing the name, postal and e-mail addresses, and the
         telephone and fax numbers of the Registrant and of any agent
         authorized to act for the Registrant in the JP Domain Name
         Dispute Resolution Proceedings.

      3. Specifying a preferred method for communication directed to
         the Registrant in the JP Domain Name Dispute Resolution
         Proceedings (including the person to be contacted, medium and
         postal and e-mail address information) for each of (A)
         sending by e-mail and (B) sending by postal service;

      4. If the Complainant has elected a single member panel in the
         Complaint (See Art. 3 (c) (vii)), state whether the
         Registrant elects instead to have the dispute decided by a
         three member panel;

      5. If either Complainant or Registrant elects a three member
         Panel, provide the names and contact details of three
         candidates to serve as one of the Panelists (these candidates
         must be drawn from any JPNIC-approved Provider's list of
         panelists);

      6. Identifing any other legal proceedings that have been
         commenced or terminated in connection with or relating to any
         of the domain name(s) that is / are the subject of the
         complaint;

      7. Concluding with the following statement followed by the
         signature or setting hands and seals of the Registrant or its
         authorized agent: "Registrant certifies that the information
         contained in this Answer is to the best of Registrant's
         knowledge complete and accurate, that this Answer is not
         being presented for any improper purpose, such as to harass."

      8. Annex of any documentary or any other evidence upon which the
         Registrant relies, together with a schedule and description
         indexing such documents.

      9. Submit a proxy (documentation certifying the existence of
         proxy) if an agent conducts the proceeding,

  c. If the Complainant has elected to have the dispute decided by a
     single member Panel and Registrant elects a three member Panel,
     Registrant shall be required to pay one half of the applicable
     fee for a three member Panel as set forth in the Provider's
     Supplemental Rules. This payment shall be made together with the
     submission of the Answer to the Provider. In the event that the
     required payment is not made, the dispute shall be decided by a
     single member Panel.

  d. At the request of the Registrant, the Provider may, in
     exceptional cases, extend the period of time for the filing of
     the Answer. The period may also be extended by written
     stipulation between the Parties, provided that the stipulation is
     approved by the Provider.

  e. The Provider shall immediately forward the Answer to the
     Complainant when it has received the Answer.

  f. If a Registrant does not submit a answer, in the absence of
     exceptional circumstances, the Panel shall decide the dispute
     based on the complaint.

Art. 6 Appointment of the Panel and Date of Decision

  a. Each Provider shall maintain and publish a publicly available
     list of panelists and their qualifications.

  b. If neither the Complainant nor the Registrant has elected a three
     member Panel (See Art. 3 (b) (iv) and Art. 5 (b) (v)), the
     Provider shall appoint, within five (5) business days following
     the receipt of the Answer by the Provider, or the lapse of the
     time period for the submission thereof, a single Panelist from
     its list of panelists. The fees for a single member Panel shall
     be paid entirely by the Complainant.

  c. If either the Complainant or the Registrant elects to have the
     dispute decided by a three member Panel, the Provider shall
     appoint three Panelists in accordance with the procedures
     identified in this Article, paragraph (e). The fees for a three
     member Panel shall be paid in their entirety by the Complaint,
     except where the election for a three member Panel was made by
     the Registrant, in which case the applicable fees shall be shared
     equally between the Parties.

  d. If the Complainant doesn't selects a three member Panel, but the
     Registrant chooses a three member Panel, the Complainant shall
     submit to the Provider, within five (5) business days of sending
     of an answer in which the Registrant elects a three member Panel,
     the names and contact details of three candidates to serve as one
     of the Panelists. These candidates must be drawn from any
     JPNIC-approved Provider's list of panelist.

  e. In the event that either the Complainant or the Registrant elects
     a three member Panel, the Provider shall endeavor to appoint one
     Panelist from the list of candidates provided by each of the
     Complainant and the Registrant. In the event that the Provider is
     unable within five (5) business days to secure the appointment of
     a Panelist on its customary terms from either Party's list of
     candidates, the Provider shall make that appointment from its
     list of panelists. The third Panelist shall be appointed by the
     Provider from a list of five candidates submitted by the Provider
     to the Parties, the Provider's selection from among the five
     being made in a manner that reasonably balances the preferences
     of both Parties, as they may specify to the Provider within five
     (5) business days of the Provider's submission of the
     five-candidate list to the Parties.

  f. Once the entire Panel is appointed, the Provider shall notify the
     Parties, JPNIC and JPRS of the Panelists appointed and the date
     by which, except in exceptional circumstances, the Panel shall
     render its decision on the complaint to the Provider.

Art. 7 Impartiality and Independence

A Panelist shall be impartial and independent, and shall have, before
accepting appointment, disclosed to the Provider any circumstances
giving rise to justifiable doubt as to the Panelist's impartiality or
independence. If, at any stage during the proceeding, new
circumstances arise that could give rise to justifiable doubt as to
the impartiality or independence of the Panelist, that Panelist shall
promptly disclose such circumstances to the Provider. In such event,
the Provider shall have the discretion to appoint a substitute
Panelist.

Art. 8 Communication between Parties and the Panel

No Party or anyone acting on its behalf may have any unilateral
communication with the Panel. All communications between a Party and
the Panel shall be made to a secretariat or a case administrator
appointed by the Provider in the manner prescribed in the Provider's
Supplemental Rules.

Art. 9 Transmission of the File to the Panel

The Provider shall forward the file to the Panel as soon as the
Panelist is appointed (or as soon as the last Panelist is appointed in
the case of a three member Panel).

Art. 10 General Powers of the Panel

  a. The Panel shall conduct the proceeding in such a manner as it
     considers appropriate in accordance with the Policy and these
     Rules.

  b. In all cases, the Panel shall make an effort to ensure that the
     Parties are treated with equality and that each party is given a
     fair opportunity to present its position.

  c. The Panel shall promptly handle the JP Domain Name Dispute
     Resolution Proceeding. It may, at the request of a Party or on
     its own determination, extend, in exceptional cases with special
     situation, a period of time fixed by these Rules or by the Panel.

  d. The Panel shall determine the admissibility, relevance and weight
     of the evidence.

  e. The Panel shall decide a request by a Party to consolidate
     multiple domain name disputes in accordance with the Policy and
     these Rules.

Art. 11 Language of Proceedings

  a. The language of the Proceedings shall be Japanese, subject to the
     authority of the Panel to determine otherwise, having regard to
     the circumstances of the proceeding.

  b. The Panel may order that any documents submitted in any language
     other than the language of the proceeding be accompanied by a
     translation in whole or in part into the language of the
     Proceedings.

Art. 12 Further Statements or Documents

In addition to the Complaint and the Answer, the Panel may request, at
its sole discretion, further statements or documents from either of
the Parties.

Art. 13 Hearings to the Parties

There shall be no hearings to the Parties (including hearings by
teleconference, videoconference, and web conference). Provided
however, the Panel may determine, at its sole discretion and in an
exceptional matter with special situation, to proceed such a hearing
necessary for deciding the complaint.

Art. 14 Default

  a. In the event that a Party, excluding exceptional circumstances,
     does not comply with any of the time periods established by these
     Rules or by the Panel, the Panel shall proceed to a decision on
     the complaint.

  b. If a Party, excluding exceptional circumstance, does not comply
     with any provision of, or requirement under these Rules or any
     request from the Panel, the Panel shall render their decision as
     it considers appropriate.


Art. 15 Panel Decisions

  a. The Panel shall decide a complaint that it deems applicable on
     the basis of the statements and documents submitted and the
     results of hearings, and in accordance with the Policy, these
     Rules and provisions or principles of related law, and reasons.

  b. In the absence of exceptional circumstances, the Panel shall
     forward its decision on the complaint to the Provider within
     fourteen (14) business days of its appointment pursuant to
     Art. 6.

  c. In the case of a three member Panel, the Panel's decision shall
     be made by a majority.

  d. The Panel's decision shall be in writing, provide the content of
     decision and its reasons on which it is based, indicate the date
     on which it was rendered and identify the name(s) of the
     Panelist(s) with the signature or setting the names and seals of
     the Panelist(s).

  e. Panel decisions and dissenting opinions shall normally comply
     with the word limits set forth in the Provider's Supplemental
     Rules. Any dissenting opinion shall accompany the majority
     decision. If the Panel concludes that the dispute is not within
     the scope of Art. 4 (a) of the Policy, it shall so state. If the
     Panel finds that the submissions of complaint was brought with in
     bad faith (unfair purpose), for example, in an attempt to deprive
     the Registrant of the domain name or primarily to harass the
     Registrant, the Panel shall declare in its decision that the
     complaint was brought for in bad faith (unfair purpose) and
     constitutes an abuse of the JP Domain Name Dispute Resolution
     Proceedings.

Art. 16 Notification of Decision to Parties

  a. Within three (3) business days after receiving the decision from
     the Panel, the Provider shall notify the full text of the
     decision to each Party, JPNIC and JPRS. JPRS shall immediately
     communicate to each Party and the Provider the date for the
     implementation of the decision (the date between 11th and 15th
     day from the communication of the decision (as observed in the
     location of the head office of JPRS)) in accordance with the
     Policy.

  b. Except where the Panel determines otherwise (See Art. 4 (j) of
     the Policy), the Provider shall publish the full decision and the
     date of its implementation on a publicly accessible web site. In
     any event, the portion of any decision determining a complaint to
     have been brought for in bad faith (unfair purpose) (see Art. 15
     (e) of these Rules) shall be published.

Art. 17 Withdrawal, Settlement or Other Grounds for Termination

  a. The Complainant may, before the decision of the Panel is
     rendered, withdraw the Complaint, provided that after the
     submission of the Response, the consent of the Registrant shall
     be obtained.

  b. If the Complaint was withdrawn under the previous paragraph, or
     the Parties agree on a settlement before the Panel's decision,
     the Panel shall terminate the Proceedings.

  c. If, before the Panel's decision is made, it becomes unnecessary
     or impossible to continue the Proceedings for any reason, the
     Panel shall terminate the Proceedings, unless a Party raises
     justifiable grounds for objection within a period of time
     determined by the Panel.

Art. 18 Effect of Court Proceedings

  a. In the event that any legal proceeding is initiated prior to or
     during the JP Domain Name Dispute Resolution Proceedings in
     respect of a domain name dispute that is the subject of the
     complaint, the Panel shall have the discretion to decide whether
     to suspend or terminate the JP Domain Name Dispute Resolution
     Proceedings, or to proceed to a decision.

  b. In the event that a Party initiates any legal proceeding during
     the pending of the JP Domain Name Dispute Resolution Proceedings
     in respect of a domain name dispute that is the subject of the
     complaint, the Party shall promptly notify the Provider, and the
     Panel pursuant to the manners prescribed in Art. 8 above.

Art. 19 Fees

  a. The Complainant shall pay to the Provider a fee, in accordance
     with the Provider's Supplemental Rules, within the time and in
     the amount required. A Registrant electing under Art. 5 (b) (iv)
     to have the dispute decided by a three member Panel, rather than
     the single member Panel elected by the Complainant, shall pay the
     Provider one half of the fee for a three member Panel (see Art. 5
     (c)). In all other cases besides the above case, the Complainant
     shall bear all of the Provider's fees, except as prescribed under
     Paragraph (d) of this Article. Upon and after the appointment of
     the Panel, the Provider shall request the payment of additional
     fees or refund the appropriate portion, if any, of the fee to the
     Complainant, as specified in the Provider's Supplemental Rules.

  b. No action shall be taken by the Provider on a complaint until it
     has received from the Complainant the fee in accordance with the
     previous paragraph.

  c. If the Provider has not received the fee within ten (10) business
     days of receiving the complaint, the complaint shall be deemed
     withdrawn and the Proceeding shall be terminated.

  d. In exceptional circumstances, for example, in the event that a
     hearing is held, the Provider shall request the Parties for the
     payment of additional fees, which shall be established in
     agreement with the Parties and the Panel.

  e. The Complainant, having been rendered the decision of
     transferring the registration, shall pay the registration fee and
     renewal fee in accordance with the Registration Rules upon
     applying the registration of the domain name's transfer and the
     renewal of the domain name.

Art. 20 Exclusion of Liability

Except in the case of deliberate wrongdoing, neither the Provider nor
a Panelist shall be liable to a Party for any act or omission in
connection with any administrative proceeding under these Rules.


Art. 21 Amendments

JPNIC reserves the right to amend these Rules at any time. JPNIC and
JPRS shall publish the latest version of these Rules on each website
at least thirty (30) calendar days before the effective date of the
revised Rules. The version of these Rules in effect at the time of the
submission of the complaint to the Provider shall apply to the JP
Domain Name Dispute Proceedings commenced thereby.


                                                  (c)JPNIC/April 2003
      

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