Wednesday, 10 November 2010

New .br dispute resolution bypasses the courts

On 30 September, NIC.BR (“.BR” Information and Coordination Entity) -- the entity responsible for the registration and maintenance of domain names in Brazil, published a regulation for resolving internet conflicts related to .br domain names via the Administrative System of Internet Conflicts (SACI-Adm). This system seeks to provide an alternative means of resolution of disputes involving the owners of .br domain names and third parties regarding the legitimacy of the domain names' registration, replacing the courts.

SACI-Adm cannot  analyse or judge indemnification requests arising from the conflicts. Its governing regulation states that every domain name registered from 1 October 2010 will automatically adhere to this new system, which may be used whenever a domain name is registered in bad faith, causing damage to the title holder, given the use, without due cause, of an identical or similar term to (i) a Brazilian trade mark registration or application; (ii) a famous trade mark, even though it has not yet been filed in Brazil or (iii) a company name, civil name, family name, famous nickname, artistic name or even another domain name, previously registered, owned by the claimant.

The resolution of these disputes will be conducted by accredited institutions before NIC.BR. At present this means only the Brazil-Canada Chamber of Commerce (here), this being the only institution currently authorised to implement the new scheme. The main advantage of SACI-Adm is that it will accelerate the dispute resolution procedure, given that the new regulation requires that the procedure be completed within 90 days after it has began. This term may be extended, based on the discretion of the accredited institution, as long as it does not exceed 12 months.

Source: Newsletter GLPI, 3 November 2010

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