5-5 Establishment of the "JP Domain Name Dispute Resolution Policy" Japanese Page
As announced in Newsletters 15 and 16, the JP Domain Name Working Group set up a "Domain Name Dispute Resolution Policy Task Force" (DRP-TF) in December 1999, and have continued their examination of the "Dispute Resolution Policy" and "Rules for Dispute Resolution Policy" with regards to JP domain names.
After summarizing the discussions, a final report was prepared. We are ready to make it public, and implement it as the "JP Domain Name Dispute Resolution Policy" (hereinafter referred to as the Resolution Policy) and the "Rules for the JP Domain Name Dispute Resolution Policy" (hereinafter, the Rules). Here, we would like to report on DRP-TF activities to date, features of the Resolution Policy, future schedule, and other matters.
DRP-TF Activities to Date
The first task of the DRP-TF, formed in December 1999, was to fully understand the contents of the "Uniform Domain Name Dispute Resolution Policy" and "Rules for Uniform Domain Name Dispute Resolution Policy," which were drawn up by ICANN (Internet Corporation for Assigned Names and Numbers).
Next was examination of the contents of the Resolution Policy and the Rules, referring to ICANN's UDRP and checking against Japanese laws. In parallel, DRP-TF held discussion meetings with the WIPO Secretariat, in order to grasp the current situation and problems regarding the dispute resolution procedure initiated by ICANN.
The first draft of the report, completed in April 2000, was presented to the Steering Committee and was approved. The draft was made available to the public on May 8, and we requested for public comments for one month. On May 16, a "Briefing Session to Explain the JP Domain Name Dispute Resolution Policy" was held.In the session, we once again explained the Resolution Policy and solicited comments.
The period for public comment was closed on June 11. After further discussionsof collected comments and pending issues, the final report was submitted to the Steering Committee held on July 10,and approved by the Board.
Characteristics of the JP Domain Name Dispute Resolution Policy
The most important feature of the Resolution Policy is its "minimal approach." This means that the Policy will not deal with disputes between legitimate rightholders, but will focus on registration and use in bad faith. Specific examplesof domain names registration and use in bad faith are "registering domain nameswith the intent to resell at a higher price than its actual cost" and "registering domain names repeatedly with the intent of obstructing use by the legitimate trademark holders, and doing so repeatedly." These are only given as examples, and do not exclude other cases.
It is safe to say that the Rules for Dispute Resolution Policy represents searching for a new way to solve disputes, as opposed to traditional methods such asa trial or arbitration.
Relation to the Registration Rules
The Resolution Policy and the Rules approved this time will be incorporated in the Rules for Domain Name Registrations and Others (hereinafter, Registration Rules). JPNIC has revised the Registration Rules according to the introduction of the Resolution Policy, on the following points:
- The Registration Rules now refers to the Resolution Policy and the Rules.
- Cancellation and transfer of domain names are now admitted to accommodate the decisions of "The Rules for JP Domain Name Dispute Resolution Policy." (It also admits transfers based on the agreement between the registrant and the third party).
- Articles have been added regarding the possibility of transfering domain names during disputes.
- How to deal with cases in which the complainant who received a "transfer decision" does not meet the registration requirements.
The Resolution Policy and the Rules will be made public and implemented according to the following schedule.
- July 19, 2000: Public announcement of "JP Domain Name Dispute Resolution Policy"
- October 19, 2000: Implementation of "JP Domain Name Dispute Resolution Policy"
Reference: Regarding JP Domain Name Resolution Policy http://www.nic.ad.jp/jp/regist/dom/drp/